Industry-Provided Depositions
Philip Morris, Incorporated, -Vs- R. J. Reynolds Tobacco Company. The Deposition of John Howard Benson.
Fields
- Alias
- CN 74CIV2395
- Site
- Rjri
- Law
- Box
- Rjr4108
- Request
- 19970311
- Letter
- Minnesota
- Request
- Letter
- Date Loaded
- 27 Feb 1998
- Type
- DEPOSITION
Document Images
57.
By Mr. Boal:
Q REferrir.z to Exhibit 13A,, at the bottom of
the: interior na.~e uron which there is. scme copy,- ther~
the reference to "newsp2,pers, ' full page 2/c ads
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and.1,500 line 2/c' ads in the top two hundred metro
market newspapers plus full sampling in displays,"
Can ; ysou 'explain what that,means?
A The "2/c" means color. The "1,500" indi-
cates size-of the advertisement, and the'"two hundred"
indicates the number of markets, and it indicates
that there is a sampling plus point of sale piece.
_ Q Now, what does "top two hundred metro
,markets" mean?'-
i
Well, that could vaxy,. Rule of thumb would<
the top two hundred largest markets, with some 1
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I dori't k:now positively.
In any event, that was the plan?
_T-'rtat woa1:: have been the. plan, yes.
Do.you Ynow k hen this piece was distribut-
and*to whom?
,
October 21, 1971.- I'would assume it would have.
been close to that date.
Well, at that time, was there advertising in:
the top two hundred markets?
no, I don't. It contains a date
A fExactly
A I'm unsure.
_ Q Well, wasn't it January before there was a
. - national marketing?
-
Something like that.
As-I recall., -Marlboro Lights began in the
i
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northeast, and began.a national rollout.- When the
:, .
exact dates were", I'm not positive.
I would like to say that it.'s
entirely possible that Philip:Morris'prepared extra
covers to accommodate their national rollout.
for the New- England introduction;.and the- same thing..
In other words, this may have been prepared

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the client, Philip Morris, would be best~ able to.
answetr your question.
Perhaps with a different insert?
Corre'ct,
5G
_. ,.
And z~r.o wculd. have the best knowledge with
o- the . questions I have been . asking?
Well, as far as this sheet is concerned,
I'm not positive that our people can give
you accurate answers on the preparation of this
material (indicating). If they are unable to, I
would assume the client would be best suited to
accurately answer that.
Q With respect to this particular piece
what is the role.of the agency? Do you prepare the
mechanical?
Well,.we frequently prepare the color lay-
Which just gives a color idea of how this-
.We frequently prepare the-mechanical; b
not always. In al.most..every case,, it T s printed. or.
the client. So there are changes that
o the layout.

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Q,And was that probably.the
;iarlboro Lights? '
case with
It could very well have been, yes.
Q Okay. , I have.. here~ aiiother document, and
ask .if you can identify that document?
THE WITNESS: It appears to be a counter displ2;r-'
.unit for Marlboro Lights and Marlboro Red,
I would assume it was.
Did you ever see it in use?
No, si.r,.
.MR. BOALt I would ask the reporter to mark..the
counter display piece as Exhibit 14A for identifica'-
(The document above referred to was
marked Defendants' Benson Deposition
- Exhibit No. 14A for. identification. )
Q-_ Can you explain how a counter display such.
as 14A is used?.. :
Itts used by the sales force sometimes.for :
paid space that they have made a contract for, where:c
they are entitled to-display.their cigarette products;
. ..- _. ~

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...._,...~ ...,... .w. . ._.._._..
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on the-counters of some retail outlets.
I: e.r,c ~"her case, I guess it's just a matter
i
of,: sales:.^,ar,shi.p in cb ~aining a display on the coun':::. .;
Q ~,Ihat.:~ was the role of Leo Burnett in regar;;
A It's entirely possible we made the layout
on'this. I'mnot sure.
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Ken Krom would be the most likely to.answer
your question, if he can recall having done it,
Q Who would be the most familiar with this?
Q I notice that in the piece there are what
appear to be two columns, one in which a representa-
tion of the front panel of Marlboro Red appears and
two.in which the representation of the front panel
Can you explain the thinking behind that
No, I c an't explain the thinking.behind it,
Is there a signif icance to that arrangement*

No `particular reason for the selection?
Anybody here- that knovrs that?
--No, I doubt -'that. That would be at Phili^
Q
>This is a determination made
y Philip
Yes.
Q
S have here another piece that is similar --
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Q
And did.Leo Burnett have any role --
Again, it's entirely. possible
I
mark this'
~
(The document above referred to was
marked, Defendants' Benson Depositic'=`
Exhibit No.-14B for identification. %J'
to me, at any rate -- similar in character of design
cular piece -
I.-think this is called a small shelf talker,,
A 1
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I'm not.certain. But it looks like.it-might be a
small shelf.talker.
THE WITNESS: I'm not certain thatts the name o°i

samplina gro~ran, e.nd t+hich- I believe the testimony
ti;as that .there was a sampling program for Marlboro
Lights in which Marlboro Red was given away together
with Marlboro Light s, and - I not ic e that you brought
.:vrith you today some Marlboro Red samplers.
Q That~s-the sampler that was used for
sure what the design on -the back was at that time.
Were the ones that were given away similar
I'm not sure what the sampling program is,
but that's the sampler that's used,
giveaways this past. 'summer, for example?
That 's correct. I think they were Ats,-
THE WITNESS: For four cents, `
I think we can handle that, yes-.
(The item above referred'to was
~
,
marked Defendants' Benson Dep.ositions
Exhibit No. 15 for identification.).;

64
Q Does the M3rlboro Red ciEarette itself rc :i-
A
On the cigarette?
Yes. ,
How about Marlboro Lights?
I should know the answer to t hat question,
MR.' FLETCHER: Hold it. Hold it. I might be
=Excuse me,.does that answer your question.

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pfR,FLJTCHER:. Oh, yes, that's right. That's
riLht, :;.t does.
B
Q
I-t;:in:; that's probably s~ill true.
which it appears that the word is only "Marlboro,"
MR. BOAL: On the Marlboro Lights package.
MR, QUINN: On the cigarette.
(Off the record.)
By Mr. Boal:
Q* In connection with the Marlboro Red cigar-
ette, on which the word "Marlboro" appears, do you-
know whether or, not the word "Marlboro" has been used
on the cigarette over the years since you were
there an advertising reason for putting-
e the name on the cigarette?-..'
Not that Y tm aware of,'
3
s there any reason for putting it on the_
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-'._ci;;arette?
Q
To icentify the proauct.
Or the source of the product?
-Or.:the nam e of. the product,' If it f s' dis-
5 ~ pensed in a cigarette tray or something.
Q These cigarettes are dispensed in a packaoe
,
.ti
a N,arlbo'ro -package, is that right?
A Correct.
At a party, or where you have loose
cigarettes in a container.
Q I see,
MR. FLETCHER: Off the record,
(Discussion off the record.)
By Mr. Boal:
Q How would you describe the tip of thb
Marlboro Red?
Q
White tip. _-
.And the.tip of the Marlboro Lights?.
Cork tip.
Marlboro'Lights,' if,there is any reason?
To distinguish it from Red, primarily.
'3 :. '. Q.. 'What t.s the tip on the Marlboro Menthol?
I can't remember,--
