Tobacco Documents Online

• • • Defendants. . 1 2 3 4 5 6 ORIGINAL UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CIVIL ACTION NO. 84-678 SA SUSAN HAINES, as Administratrix : ad Prosequendum and . Administratrix of the Estate . of PETER F. ROSSI, . Plaintiff, : DEPOSITION OF: : RICHARD W. POLLAY vs. . LIGGETT GROUP, INC., et al, . ---------------------------------: Tuesday, September 17, 1991 Short Hills, New Jersey • 14 .15 16 A P P E A R A N C E S: • • • 17 18 19 20 21 22 23 24 Reporting Services Arranged Through ROSENBERG & ASSOCIATES 425 Eagle Rock Avenue Roseland, New Jersey 07068 (201) 228-9100 U1 25 1 1 ~ 00 m MESSRS. BUDD, LARNER, GROSS, ROSENBAUM, GREENBERG & SADE 150 John F. Kennedy Parkway Short Hills, New Jersey 07078-0999 (201) 379-4800 BY: CYNTHIA A. WALTERS, ESQ., Attorneys for the Plaintiff. • w

• 1 • 2 3 4 • 5 6 7 • 8 9 10 • 11 12 ~ ~' 13 14 15 ~ 16 17 18 • 19 20 21 • 22 23 24 • 25 2 APPEARANCES (Cont'd): MESSRS. MUDGE, ROSE, GUTHRIE, ALEXANDER & FERDON 180 Maiden Lane New York, New York 10038 (212) 510-7448 BY: PATRICK J. CARTY, ESQ., Attorneys for Defendant Liggett Group, Inc. MESSRS. STRYKER, TAMS & DILL 33 Washington Street Newark, New Jersey 07102 (201) 624-9300 BY: JOHN P. LEONARD, ESQ., -and- MESSRS. SHOOK, HARDY & BACON 1 Kansas City Place 1200 Main Street Kansas City, Missouri 64105 (816) 474-6550 BY: WILLIAM L. ALLINDER, ESQ., -and- BY: ALLEN R. PURVIS, ESQ., Attorneys for Defendant Lorillard. MESSRS. COVINGTON & BURLING 1201 Pennsylvania Avenue, N.W. P.O. Box 7566 Washington, D.C. 20044 (202) 662-5440 BY: PAUL R. DUKE, ESQ., Attorneys for Defendant The Tobacco Institute. 1 1 m ~ 00 m ~ m ~

0 1 0 2 3 4 0 5 6 7 • 8 9 S 10 11 12 * ~ 13 14 15 ~ 16 17 18 • 19 20 21 ~ 22 23 24 0 25 3 APPEARANCES (Cont'd): MESSRS. RIKER, DANZIG, SCHERER, HYLAND & PERRETTI Headquarters Plaza i Speedwell Avenue Morristown, New Jersey 07962-1981 (201) 538-0800 BY: DAVID ARCISZEWSKI, ESQ., MESSRS. -and- JONES, DAY, REAVIS & POGUE North Point 901 Lakeside Avenue Cleveland, Ohio 44114 (216) 586-7139 BY: PAUL G. CRIST, ESQ., -and- BY: STEPHEN J. KACZYNSKI, ESQ., Attorneys for Defendant R.J. Reynolds Tobacco Co. MESSRS. BROWN & CONNERY 360 Haddon Avenue P.O. Box 539 Westmont, New Jersey 0810 8 (609) 854-8900 BY: MICHAEL J. VASSALOTTI, ESQ., MESSRS. -and- ARNOLD & PORTER 1200 New Hampshire Avenue, N.W. Washington, D.C. 20036 (202) 728-6338 BY: JANET L. JOHNSON, ESQ., Attorneys for Defendant Philip Morris. A L S 0 P R E S E N T: TERESA K. LUCAS ~

~ 1 0 2 3 4 0 5 6 7 0 8 9 10 0 11 12 I 13 0 14 15 ~ 16 17 18 ~ 19 20 21 • 22 23 24 • 25 0 4 I N D E X WITNESS DIRECT CR08S REDIR RECR RICHARD W. POLLAY By Mr. Allinder 6 E X H I B I T S FOR IDENT. DESCRIPTION PAGE 1 Copy of Check No. 100785 7 2 Letter from Mr. Tucker to Ms. Walters dated 8/30/91 and attachments 12 3 Letter from Ms. Walters to Mr. Naar, et al, dated 3/15/91 13 4 Document entitled "Themes and Tactics in Cigarette Advertising, 1938- 1983: Technical Report on Methods and Measures" dated 7/9/87 14 5' Document entitled "Chronological Notes on the History of CiQarette Advertising" dated 8/87 14 6 Document entitled "Propaganda, Puffing and the Public Interest: Cigarette Publicity Tactics, Strategies and Effects" dated 5/90 14 7 Curriculum vitae of R.W. Pollay 14 8 Black binder of documents entitled "Haines v. Liggett" 29

0 0 0 0 0 0 • 0 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 22 23 24 25 5 EXHIBITS (Cont'd) 9 List of numbers 36 10 List of numbers 37 11 Document entitled "Chronology of Peter Rossi" 50 12 Document entitled "Haines v. Liggett Deposition Testimony Regarding Smoking Habits of Peter Rossi" 51 13 Document entitled "Research on Cigarette Promotion (as of August 1991)" 53 14 Document entitled "Research on Cigarette Promotion (as of August 1991)" 53 15 Document entitled "Peter Rossi Timeline Re: Brands Smoked" and attachment 56 16 Document entitled "Recent Research Related Activity (as of Sept. 1991)" 57 17 Curriculum vitae of R.W. Pollay 59 18 Handwritten document 61 19 Letter from Mr. Kearney to Ms. Walters dated 4/11/90 and attachment 68 20 Document entitled "Cigarettes Under Fire: Blowing Away the PR Smoke Screen" 68 21 Document entitled "The more things change...new images appear over the decades, but the goals of cigarette advertising remain the same" 68 0

0 6 0 I 1 (Before Gary M. Talpins, a Certified Shorthand Reporter and Notary Public of the State of New Jersey, held at the offices of Messrs. Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, 150 John F. Kennedy Parkway, Short Hills, New Jersey, on Tuesday, September 17, 1991, commencing at 10:00 a.m.) • 0 0 a 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 22 23 24 25 - - - - - - - - - - - - R I C H A R D W. P 0 L L A Y, Faculty of Commerce, U.B.C., Vancouver, Canada, Sworn. DIRECT EXAMINATION BY MR. ALLINDER: Q. Dr. Pollay, would you state your full name for the record,. please? A. Richard Warren Pollay, P-o-1-1-a-y. Q. What is your professional address, sir? A. Faculty of Commerce, University of British Columbia, Vancouver, Canada. Q. Dr. Pollay, I'm going to hand you a check for $2,000 as payment for your testimony today. MR. ALLINDER: Would you mark this, please. 0

\ • 7 • • • 12 • ` 13 14 15 ~ 16 17 18 • • a and marked Exhibit 1!or identification.) (Whereupon the document was received Pollay - direct 1 2 3 with that? assume that you did understand it. Do you agree Q. And so if you answer a question, I will A. That is correct, I do understand that. it, you will just tell me I don't understand? that you don't understand, that you will not answer Q. You understand if I ask you a question 10 or 11 people at a deposition. A. I do not recall. There are typically Q. Have I deposed you, sir? previous occasions. A. Yes, you have deposed me on two the deposition process. Is that correct? Q. I understand that you are familiar with A. Yes, it is. check that I just handed you before? marked Pollay Exhibit 1. Is this a copy of the Q. I'm going to hand you what has been preferable to waiting nine months. A. Thank you for your check. It's much 4 5 6 7 8 9 11 10 20 19 21 22 23 24 A. Yes. ~ 25 ~ Q. Also if I ask you a question that you ~ m j CO m ~ m m • ~

• 1 • 2 3 4 0 5 6 7 a 8 9 10 ~ 11 12 ~ ~ 13 14 15 ~ 16 17 18 0 19 20 21 0 22 23 24 49 25 0 8 Pollay - direct don't know the answer to, I expect that you will tell me I don't know the answer, you will not speculate or guess. Will you do that? t Th t' s correc . a A. Q. I will also assume that the answers that you provide will be based on your personal knowledge or on your opinion to a reasonable degree of scientific probability or certainty. If you are not going to testify to that standard, will you please specify so in your answer? A. Okay. Q. I am also going to ask you some questions that hopefully can be answered with either a yes or no answer. Some of my questions I think will require a longer answer.- Those that can be answered yes or no, will you try to answer them ? l ease in that fashion, p A. Yes, I will, with, of course, qualifications when I want to explain my response. MR. DUKE: Pardon me, doctor, would you please keep your voice up. THE WITNESS: I had the same difficulty when you were giving your names. I think the background air circulation system is a problem.

0 0 • • 0 a l 5 6 7 8 9 10 11 12 13 14 15 16 17 22 23 24 25 9 Pollay - direct MS. WALTERS: We could turn it o!f but I suspect it would qet pretty hot in here. MR. DUKE: I think it would be more comfortable if the doctor just raised his voice. Q. Dr. Pollay, I will try not to interrupt your answers and I will ask you to try to not interrupt my questions and when you are done answering a question, I will assume that you have answered it completely. Do you understand that? A. Yes. Q. Have you been apprised by Mrs. Walters of the ruling by Magistrate Hedges on September 5th concerning the scope of expert discovery in this case? A. No, I have not, to my knowledge. Q. This deposition will, or at least my examination in this deposition will not intentionally cover areas that are currently preempted under the law that's in effect in the Third Circuit and it is possible that your further deposition will be necessary in this case depending upon whether the law changes before the case is tried. Do you understand that? A. Yes. 0

"\ 0 • • • • 1 2 3 4 5 6 7 8 9 10 11 14 15 • 16 17 18 • • • 19 20 21 22 23 24 25 10 Pollay - direct Q. We have on the table in front of you essentially two groups of materials. There are several stacks immediately to your front and then there is a second stack of materials somewhat removed from the remainder. Do you see these? A. I don't understand what you mean by two groups. There seem to be several kinds of materials. MR. ALLINDER: Mrs. Walters, this stack of material that is out in the middle of the table that I'm indicating, those are the materials that were not produced to us on September 12th. Is that correct? MS. WALTERS: Those were documents that Dr. Pollay reviewed in connection with the Cipollone case. All of the Cipollone documents are documents that he has reviewed and may rely upon at the tiae of trial. They weren't in Canada; therefore, they weren't part of the Canadian production so we are producing them here today for completeness but you, I would say, have already seen those. They are part of the Cipollone documents and then there are two additional documents that were given to you today, one is a 0