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I 1%, I%k UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CIVIL ACTION N0. 64-678 SUSAN HAINES, as I DApOSITION oFi Ad.inistratrix, as : Prosequendum and Ex•cutrix of I JOSL e. COHEN the ESTATE OF PKTiR ROSSI, t i VOLUME 2 Plaintiff, 1 : -VS- ~ e LIGGETT GROUP, Delaware oorporation, L0EM18 I THal1TRa8. INC• @ a NoM York ~ oorporation, PNtLIP NOAai/, ~ INC., a Virginia corporation I and THE TOBACCO INSTITU TS, ~ t Defendants. r - - - - - - - - •• - • - - - • - T A A N 8 C R I p T of deposition as tak9n by and bef or• Tho.as F. erazai ti s. a Notary Publ ic and Certified shorthand Reporter of the 8tate of N.w J.rsey, at the offices of audd, La=nos, aross. Ros.nbaum, Greenberg 6 Sa4*, spqs., 150 J.t.K. Parkway, Short Hills, New J.rsoy, on Thursday, August 1 S, 1991, comaionc i ng a t 9105 a... s UNITED STATES DISTRICT COURT REPORTERS P. O. BOX 307 (201) 843•5720 NEWARK, N. J. 07101 AOLA (201) 643•6721 iTAN RIZYAN • HOWARD RAPiM'ORT • TOM EMZAITIi • IItKE DILLON • ENOENE F. HALPERlN .

255 I L 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 A P P E A R A N C E S: BUDD, LARNER, GROSS, ROSENBAUM, GREENBERG & SADE, ESQS. BY: CYNTHIA A. WALTERS, ESQ. Attorneys for the Plaintiff MUDGE, ROSE, GUTHRIE, ALEXANDER & FERDON, ESQS. BY: JAMES V. KEARNEY, ESQ., and PATRICK J. CARTY, ESQ. Attorneys for the Defendant Liggett Group, Inc. BROWN & CONNERY, ESQS. BY: JOHN J. MULDERIG, ESQ. -AND- ARNOLD & PORTER, ESQS. BY: JANET L. JOHNSON, ESQ. MURRAY GARNICK, ESQ. THOMAS SILF EN, ESQ. Attorneys for the Defendant Philip Morris STRYKER, TAMS & DILL, ESQS. BY: WILLIAM S. TUCKER, ESQ. -AND- SHOOK, HARDY & BACON, ESQS. BY: ALLEN R. PURVIS, ESQ. Attorneys for the Defendant Lorillard Company RIKER, DANZIG, SCHERER, HYLAND & PERRETTI, ESQS. BY: JEFFREY J. MILLER, ESQ. -AND- J ONES, DAY, REAVIS & POGUE, ESQS. BY: KIM F. BIXENSTINE, ESQ., and STEPHEN J. KACZYNSKI, ESQ. Attorneys f or the Def endant R. J. Reynolds Tobacco Co. DOUGHI & HEWIT, ESQS. BYs CHRISTOPHER J. CHRISTIE, ESQ. Attorneys for the Defendant Tobacco Institute A L S O P R S S E N Ts Teresa R. Lucas, Senior Analyst U.S. DISTRICT COURT REPORTERS, NEWARK, N.J. (Z01)643-5720 Ln m ~ 0o F . w N N Ln

--, 256 ~ 1 2 D„j.$.ECZ C$QSS BBDIREC4' _ C,~RO53 3 JesL a. Coe sN I oYt N1t. KEARNLY 258,397 4 8Ys MS. BIXItiNBTINE 377,400 5 i i aa~3~flIT~ 6 ~ EXEIBIT NO. DESCBIPTION FOR 2DE T. 7 i Cohan-19 Binder of ads froM Lig~r -Maqaaine 258 8 Cohen-20 Docuaaent 365 9 cohen-21 Telecopy of a Declaration 400 10 11 Cohen-22 Docusent 400 ~ Cohen-23 Protective Order ~:. 12 13 14 1S 16 17 ls 19 20 21 22 23 24 25 0.9, DISTRICT COURT RaPORTERS, NRNARR, N.J. C2011643-57 2^

LAWYER'S NOTES Page Line uNfTEC-STATES OISTRICT COURT REwORTERf FEDERAL SQUARE. NEWARK. NEW JERSEY 07101

1 a 3 4 5 6 7 Q ! 10 11 12 13 14 Is lf 17 1t 1! 20 21 11 =3 24 2s 257 3 0 t L a! a J A o I V C O A a M, having bean first duly svorn according to the law by tbe notary# testifi.d as follovs= MS. MALT6R8t doforo we finish. itr. K.arney, as a point of claritication. I was talking to the witness last niqht# neither one of us could recall •xactly what the transcript r.fl.ctod. We wanted to be clear that be understood b• is not relying in this case •xclusiv.ly on the advertising in this binder that was rtvi.rrod y.sterday. 8e also reviewed and has roliod upon all of the ads that vor• relevant and wor• produced in the Cipollone •att*r. I don't know it you r.call, those ads v.r• taken fro• Li!• Maqasine, which is a oaqasin• that Mr. Rossi road. I beli.v6 be said that yostorday, but because of your questioning and the forsato we w*r.n't surs that it was cl.ar. H1t. RtARMeY: Noll, it was not cloar. I ~ aot dsdorstana that either during the course of th• *toanction of docu.onts belor• this dopositioA or during deposition testiaony yostordaY. And I a. not prepared to •sasiaa his on those advortiss.pt• that you'vo 3ust .entioned. M., wALTSee, They Mor. provid.d m O.f. DISlRICirCOtiRT 8s 80RTeAS;-It81tAN11, M.J. (201I6 63-57 24

L 1 2 3 4 5 6 7 8 9 10 11 12 23 14 15 16 17 li 19 30 21 22 23 24 as :se MR. RtAR11sYt I will not be prepared to d• that at this session. So velre going to have this 9ontie.an back i! I dees that ntcessary. MS. NAL?titSf Just so we•re clear, those other docuoents are right bere, they're in a binder. They were produced to you as part ot the production and as part of the docusents he reviewod and relied upon. So you certainly did know aod vero on notice. MR. uaARMaYt Oood. Can I have that binder •arkedT M8. MALTt/tS t Sure. MR. ttARNiYt Could we have that oaxkad the next Cohen exhibi t. CCobeA-19, binder, is .arked for identification.) COalIEIdSD DIRiC! sxdMINAlIOM sT Mt. R tAtMSZ t q Or. Coit.a. I show you what your counsel ves just referring to and we arked as Cohen tabibit &,. Can you tell s., when did you first review those advertise.enta, if you have revie++od ther Yett A 3a conjusactioas with the Cipollone caao. Q You testified yesterday about ratorials o I m ~ co 1-1 ! 0.6. DISTRICT COORT RttORTaRd, NRi/J1RM. M.J. tl01I663•S7Z0

1 a 3 4 S 6 7 • ! 10 11 12 1 13 14 1S 16 17 le 19 20 11 32 =3 24 as Cohen - dir.ct/R.arn.y 139 that Ms. Maltors sent down to you In boxes that you got an opportunity to look at In and about July. 1991 in pr.paration ot your t.sti.ony h.r• today. My question to you ist uas Cohen 19 included in tbos• oatarials that were sent to you? A No, I already bad those tro. Cipollono, and I had rovie.rod tba. 0 So you haven't reviewed tho• in connection with preparing for this testisonY -- A I bavo. Q tardoA •.? A I bavo roviewod thom. Q In connection with preparing for this t.sti.ony? A Yoa. p Mb.n? . A Just as I'vo roviewod all ot .y notos,in Cipoiloa., 2'vo qono back over the Cioollon• •atorial, aad I thodgbt that I bad indicatod those things 7astordaY. dy not having had a caaeco to review the ttanseriPt iro. Yost.rday, I want to be •oticulons and "ko suro you understood tbat, bocauso you voso only osa.iwinq •o on a limit.d set of ads yesterday. 0 Nb.n did you r.vinr it In proparation !or your gai n.s tostimony? 0./. OISTwICT COORT wstORTtRS, NiNARR, N.J. (201)S13-S720

1 2 3 4 5 4 7 I 9 10 11 12 13 14 15 ii 17 19 lf 20 21 22 23 24 25 Cohen - dir.ct/tsarnsy =00 A I reviewed th.• sos.tise du ring July. Q Di d you sak• not es of your review? A No. 0 I di Te d not. ll us wbat you r opi nion is about thase advertiseotnts that I have he r• in Cob.n-191 A p.il, i was testifying about then yesterday. Y ou aY resesber I was saying that aany of the ad s tor Ch.st.rtiolds +rer• also directed tor ard wos.n, an d they used attractive role •odelr for vosen. ' I didn t think tbay ver• particularly relevant for Mr. Rossi. A0 vould not likely bave identified with the vos.n tn those ads. B ut as we got into th e •ra after tbe war -- vell, actually, lot as go back to the var. During the war, thore wer• ads in Li!• that were si.ilar to the ads in li .t. Many of tbe• w th ere e saa*. And tb*n, aiter the s.cond World Mar, we had aja1A sports pa sonalities in the ads in Life and r! !ad hoaltb ads that pretty ucA tracked the health a4• «- what I's oalling health ads, I think r* probably both know what I's talking about based on the discussion yesterday -- that appoated in thM '90s. m ~ The ads in Lit• pretty such tracked the ads iA Ti.e, CO ~ but tb.r• were perhaps sose additional ads that w N , O.S. DISTRIC? CQO RT RNtORTiRR. Ns/fARl, N.J. (lO1)6t3-5720

t 2 3 4 5 6 7 a 9 10 11 12 13 14 IS 14 17 lt If 20 21 33 33 24 Cohen - direct/[.arn.y Zi1 appeared in liie that did not appear in 4ise. p Let n• -- sayb• I can shortcut this a littl• bit. You testitied yesterday, Doctor, about the xessage and the •eaning that Peter Rossi would have taken tros Chesterfield advertisements during the period of time that h• saoked Chesterfield tros your review of advertisements that I put in front of you. Do you reee.ber that testisony? A Y.s. Q My question to you isi Is tt yor= opinion that Mr. wosai -- witbdrawn. Is it your opinion that the advertisements contained in Cohen-19 bad any different asaning or -- to Mr. Rossi or be took any different sessag• troa any of those advertisements tAan you testiti.d to y.sterd ay? A Tb.re would only be nuances of difference. lSost ato saoe elesents of copy that are ditt.rent, MIt the important point is that there was this added topeti tion, and ovcasi onally vi th sos.vbat d iit erent layout, torsat, which sigbt ba.• attract.d his attention. Q wb.n you •entioned there's additional Ln om{ I~ D 35 I repetition, you .ean there ar• •or• ads than you N 0% N C.1. DI8rRICT Cot?RS IIStORT6RS, aaf/AR[. s.J. t291)t63-S720

1 2 3 4 S 6 7 a 9 10 11 12 t 13 14 ls 16 17 iQ 1! 20 21 22 23 24 2s Cohen - diract/lsarn.y look.d at yesterday? A That would be ons element. Itore ads. 26! Q When you say there were nuances !n the message or the •.anin9 of the stssag., is the nuance significant in any respect to your testimony in this case? A Nell, It sight bo. Let e give you one •xupl e -- Q po. A Yes, I'll -- my answer is yes tben. Q Y don't want one example thea. You'r• going to have to tell • right now all of the auaaoes that -- to the message and the meaning of the s.ssagf to Peter •ossi trom th.se advertisements -- A i' 11 be happy to. M• can go through each of the ads on• by oa• and do what we did yest.rday. I was going to give you an exawple and then you could decide It It was worth your while to do trat. =to still willing to do that@ otherviso we'll #% trroa90 thea one by one and i•11 tell you what the AYarOSs arS, 0 Do you have any rSOollSction now. without looking at the docn..nts, as to what thost nuances ar.t A Y.s. 0. S. DISTa2Cv COt11'r SSDOSTipB, NiMASS, li.J. (30I )i 43-57 20 Ln m ~ o0 w N W