Mr Mark Heywood Deputy Chairperson Treatment Action Campaign P.O. Box 31104 Johannesburg South Africa 6 July 2000 Dear Mr Heywood I received your letter of 4 July yesterday, revisiting the issue of industry participation at the end of your Global March for Access to HIV/AIDS Treatment - inviting a person from our industry who can be there to receive your petition. I have seen our companies renewing their efforts to try to meet the demands of patients in Africa and elsewhere for improved access to HIV/AIDS treatments. It is they that took recent initiatives with the UN agencies. It is still governments that are slow or even not moving to take advantage of these efforts. A few governments still hold out because they allege the drugs are 'toxic'. Yet, you still make the industry - despite this reality - the number one enemy of AIDS patients. As I read your message of 3 July posted on the Treatment Access Network and more recently the press clippings from South Africa today, you still call the industry 'malicious' and even suggest suing one major company in response to its offer of donations to South Africa. Now, I ask: How can any reasonable person to go out and accept such a petition in light of the above facts? Industry, along with the UN agencies, is trying to get governments to act. Yet, under your scenario,industry is supposed to accept a petition - and under a barrage of accusations from TAC that it has basically been unresponsive. We had a chance to meet in New York in December at the meeting called by Secretary General Kofi Annan, and we would like certainly to work together with serious activist groups like the TAC. But the terms have to be fair and respectful. We cannot work as long as what the industry does positively is ignored or treated negatively. Sincerely Dr Harvey E Bale, Jr Director-General, IFPMA Comments on Bale's email: * This was Bale's 2nd letter refusing to accept the memorandum at the Durban March. * Bale implies that we have been unwilling to negotiate with the pharmaceutical industry. Recently we agreed to a meeting with all the major pharmaceutical companies. The date of the meeting had been set and it was all ready to go. At the last minute, the pharmaceutical companies pulled out for no apparent reason. Bale's email ignores that it is the pharmaceutical industry that time and again has refused to negotiate with TAC. Bale's letter admits that the industry will not negotiate with us because we are critical of them. * TAC always welcomes positive steps made by the pharmaceutical industry, though such steps have been few and far between. We welcomed the Pfizer announcement on free fluconazole. We welcomed the Boehringer Ingleheim offer of free nevirapine. We are indeed considering litigation against Pfizer, because despite their offer of free fluconazole to HIV+ people with cryptococcal meningitis, the offer has not been extended to systemic thrush and the price of fluconazole is absurdly high. * Bale's letter shows the callousness and lack of tact that we have come to expect from a multi-billion dollar industry that is quite prepared to sacrifice lives for massive profits.