UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580

Division of Enforcement

Bureau of Consumer Protection

March 28, 2003

Stanley W. Crosley, Esq.
Director, Global Privacy
Eli Lilly and Company
Lilly Corporate Center
Indianapolis, IN 44285

Re: Eli Lilly and Company FTC Docket No. C-4047

Dear Mr. Crosley:

The Division of Enforcement has reviewed your submissions dated September 11, 2002, and December 9, 2002, which you filed pursuant to Part VI of the above referenced order issued on May 8, 2002, to show the manner and form of Eli Lilly's compliance with the order.

As you know, the staff determined that certain advertisements attached as exhibits to the submission of September 11, 2002, fail to comply with the Commission's order. Therefore, the staff rejects compliance Exhibits 001 01380, 001 01390, and 002 00527 for containing misrepresentations in violation of Part I of the order.

You have confirmed that Eli Lilly has modified these documents to comply with the order. The staff has concluded, on the assumption that the information submitted is accurate and complete, that no compliance action is indicated at this time. We will not be precluded, however, from recommending to the Commission an appropriate action if the submitted information is inaccurate or incomplete or if respondent violates the terms of the order. The opinions expressed in this letter are those of the staff and not necessarily those of the Commission or of any Commissioner.

You will be advised of the General Counsel's determinations concerning your request for confidential treatment of portions of your compliance submissions by separate letter.

Sincerely,

Elaine D. Kolish
Associate Director