Tobacco Documents Online

486 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .,2 23 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CASE NO. 84-678 (SA) SUSAN HAINES, as Administratrix, DEPOSITION UPON ad Prosequendum and Executrix ORAL EXAMINATION of the ESTATE OF PETER ROSSI, OF Plaintiff JOEL B. COHEN VOL. III - against - LIGGETT GROUP, INC., a Delaware corporation, LOEWS'S THEATRES, INC., a New York corporation, PHILIP MORRIS, INC., a ViXginia corporation and THE TOBACCO IN :TITL''rE, Defendants T R A N S C R I P T of the stenographic notes of SUSAN E. GIOFFRE, a Notary Public and Certified Shorthand Reporter of the State of New Jersey, taken at the offices of BUDD, LARNER, GROSS, ROSENBAUM, GREENBERG & SADE, ESQS., 150 J.F.K. Parkway Short Hills, New .;ersey, on Friday, August 16, 1991, commencing at 9:30 a.m. A P P E A R A N C E S: BUDD, LARNER, GROSS, ROSENBAUM, GREENBERG & SADE, ESQS. 150 J.F.K. Parkway Short Hills, New Jersey 07078 BY: CYNTHIA A. WALTERS, ESQ. For Plaintiff MUDGE, ROSE, GUTHRIE, ALEXANDER & FERDON, ESQS. 180 Maiden Lane New York, New York 10038 BY: JAMES V. KEARNEY, ESQ. PATRICK J. CARTY, ESQ. For Liggett Group, Inc. UNITED STATES DISTRICT COURT REPORTERS P. O. BOX 397 "~& (201) 643-5720 2 4 NEWARK, N. J. 07101 25 ;?01) 643-5721 STAN RIZMAN • HOWARD RAPPA12ORT • TOM BRAZAITIS • MIKE DILLON • EUQIENE F. HALPERIN r

490 1 13 X H I BI T S 2 8%HIBIT N0. nESCRIPTI0:1 PACE *iO. 3 4 Cohen 41 Research Report: "Smoking Orientations 5 and Cigarette Bran3 Perceptions" 561 6 Cohen 42 Appendix C: "The Full-Flavored Low-Tar Cigarette Market: Vantage and Merit Brand ?;aages" by Social Research, Inc., 7 April 1981, 561 8 ~ Cohen 43 Report: I, "Background Attitudes" 561 I 9 ~ ( Cohen 44 Report: II, "The Smokers" 562 10 Cohen 45 Report: III, "Smoking Attitudes and Behavior" 562 11 , Cohen 46 Sid Levy 1981 Handwritten Notes 562 12 Cohen 47 Report: "New Product/Merchandising 13 Directions - A Three Year Action Plan, August, 19, 1976 562 14 Cohen 48 "Joel Cohen Notes" 614 5 1 Cohen 49 Document: "Overview of Situation" 614 16 17 Cohen 50 Redwell Folder "t1Y Times Article 1963-1984" w/enclosed NY Times Articles for years 1963-1984 675 18 19 20 A .,. 21 22 23 ~ m ~ 24 co ~ 25 w m U.S. DISTRICT COLJRT REPORTERS, aVEWARR, N.J. (201) 'o43-;i7?0

COHEN-Cross 493 '' 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 category of cigarette ads that do not reassure is probably composed of a number of subcategories including a large number that take no position whatsoever on that domain, in that domain. Q You've or Ms. Walters has anticipated my question and my question I think really goes to my lack of understanding of what you meant at various times when you used the word reassurance about how cigarette advertisements reassured smokers, and I gather from what you are saying that different cigarette advertisements may have reassured smokers in different ways. Is that true? A Yes. Q Would it be appropriate for us to talk about -- strike that. Do you have an opinion as to when in time cigarette advertisements started to reassure smokers aroYt their smoking? i.. I think some cigarette advertisements have done ~. . that for a long, long tirnet "Not a cough in a carload," way back. There are ads in the '30s that I am certain could have reassured people and there may have been ads earlier than that. Q When you use the term reassurance then, U.S. DISTRICT COURT REPORTERS, NEWARR, N.J. (201) 643-3%2)

COAEN-Cross 492 1 2 3 4 5 6 7 A I guess I'm not prepared right now to talk about all ads. There must be some ads that didn't do that. somewhere sometime Q How far back in time did you go investigating cigarette advertisements? A Well, I've looked at cigarette advertising through the whoie century through discussions and 8 I reading of some of the work of Rick Pollay and some of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my own investigations. Q I am not sure whether your testimony is that there is some cigarette advertisements that would not have reassured smokers who would have seen the at the time or if your testimony is that all cigarette advertisements, at least those that you looked at for the 20th century, would have reassured smokers about their smoking at the time they saw them. MS. WALTERS: Just so I am clear, when you say •reassured• you mean reassured about the health Oe"9qnenees or reassured that they should promote ~tinq? MS. BIXENSTINE: You are anticipating my questions. MS. WALTERS: I'm not sure what you mean. A I would tend to think about not two categories but more. For example, the category, the hypothetical U.S. DISTRICT COURT REPORTERS, NEWARK, N.J. (201) 643-5720

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: ARNOLD & PORTER, ESQS. 1200 New Hampshire Avenue c1.W. Washington, D.C. 20036 BY: JANET L. JOHNSON, ESQ. THOMAS SILFE:I, ESQ. I'or Pnilip Morris STRYKER, TAMS & DILL, ESQS. 33 r7ashington Street Newark, New Jersey 07102 BY: WILLIAM S. TUCKER, ESQ. For Lorillard Company JONES, DAY, REAVIS & POGUE, ESQS. North Point 901 Lakeside Avenue Cleveland, Ohio 44114 BY: KIM F. BIXENSTINE, ESQ. STEPHEN J. KACZYNSKI, ESQ. For R.J. Reynolds Tobacco Co. RIKER, DANZIG, SCHERER, HYLAND & PERRETTI, ESQS. Headquarters Plaza One Speedwell Avenue Morristown, New Jersey 07962-1981 BY: JEFFREY J. MILLER, ESQ. For R.J. Reynolds Tobacco Co. SHOOK, HARDY & BACON, ESOS. One Kansas City Place 1200 Main Street Kansas City, Missouri 64105 BY: ALLEN R. PURVIS, ESQ. tor Dtfendant Lorillard & Philip Morris 3WVli i CONI4ERY, ESQS. 30 1Eaddoe Avenue s:O, s.: 339 Nestaont, New Jersey 08108 BY: JOHN J. MULDERIG, ESQ. For Philip Morris DUGHI & HEWIT, ESQS. 340 North Avenue Cranford, New Jersey 07016 BY: CHRISTOPHER J. CHRISTIE, ESQ. For The Tobacco Institute U.S. DISTRICT COURT REPORTERS, NEWARR, N.J. (201) 543-57:'

COHEN-Cross 500 1 flaws at all for every question you want to try to 2 answer, but whether the study does, in fact, help 3 resove some uncertainty. 4 ~ That's how we typically evaluate research 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in terms of a reduction in uncertainty and yes, I think those studies are useful. Q Let's go to the category of cigarette advertisements that in your view reassure smokers or have reassured smokers about the social acceptability of their smoking. Can you tell me how that reassurance occurs? A The cigarette industry used a variety of different approaches to do that. The easiest way to do that is to simply display cigarettes in an ad or series of ads in which the inference that consumers should reasonably draw is that the people smoking the cigarettes are popular, being well received by others iA tbe ado or conmercials, and that a great many of •11ot attctotive popular people are smoking cigarettes. Now there there are a lot of variations on that. This has been one of the major themes over the years and one can find many, many examples of this and they would vary in the type of execution. 25 1 Q Is there any empirical research that U_S. DISTRICT COURT REPORTERS, NEWARK, N.J. (201) 543-57?-7

1 2 3 COHEN-Cross 496 And is it fair to say that when you've talked about reassurance, you've been focusing either on reassurance about the health effects or reassurance 4 ~ about the social acceptability of cigarette smoking? 5 i A I think the only way to know the answer to that i 6~ is to look at the context in which the question is 7; asked and answered because I'm indicating now that I depends how I understood the context of your question. I 9 ~ Q Let's talk about ads that reassured 10 i cigarette smokers about the health effects of their 11 , smoking in your view. 12 I You mentioned that there were some of 13 i these type of ads as far back as the 1930s. 14 j Is that right? ~ 15 I A Yes. 16 17 18 19 20 21 22 23 24 25 Q Can you tell tell me how these ads that you believe reassured cigarette smokers about the health effects of smoking worked? 11 In the 1930 or in general? Q If you can tell me in general, fine. If you need to go by time period, that's f ine too. A Why don't we start in general, and if you want more explicit comments I will try and provide it. Q Okay. U.S. DISTRZCT COURT REPORTERS, NEWARK, N.J. (201) 643-5??0

r COHEN-Cross 504 1 2 reliable? A By "reliable" I take it that you are interested 3 I in whether the :nethodology is reliable. ~ 4 ~ Is that correct? ~ 5 j Q Well, let's take that one by one. 5 1 Do you believe that the methodology 7 ~ apparently used in conducting these two studies was ~ 8 ~ reliable? 9! A As samples go this would not be among the higher I 10 quality of studies with regard to the sampling itself. 11 Q Can you explain the basis of your opinion 12 I that the sample was not among the higher quality? 13 j A Well, first of all, the number of interviews is 14 15 16 17 18 19 20 21 quite low for a naturally projectable study. The selection of residential listings from telephone directories is quite vague, interviewers were given instructions, but it doesn't appear to be anything like a random digit type of dialing methodology or something t.yat would provide greater assurance that the sample 4"ld be f ully representative. In fact, in the report's own description 22 i of the sample they use the words "sufficiently 23 representative of the adult public• to evaluate the 24 ~ broad effects of the Surgeon General's Report, and one 25 ~ has to understand that that's a judgment call and quite U_S. DZS'l'RZC'1' COURT REPORTERS, :JEWARR, N.J. (201) 643-572`'

1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COHEN-Cross 501 supports the view that cigarette advertising portraying cigarette smokers is popular and attractive, in fact, results in reassurance among smokers seeing the aa;? A I'm not sure a question was asked of sraokers as to wnether they were reassured in any way by seeing those ads. Q Would there be a way to test the hypothesis that social acceptability ads reassure smokers about the social acceptability of smoking? A Yes. Q How would you test that hypothesis? A Different researchers have used different approaches. One indirect way of doing it is to use measures of attitude including fairly direct measures of attitude as well as more indirect measures such as the semantic differential and other bipolar adjective skills. Q By "bipolar adjective scales• you mean? ~ lopular/unpopular, good/bad. Q Attractive? A Attractive/unattractive. And this kind of research has been done for a great many years by quite a number of cigarette companies. I think for your cigarette company or the one you are here representing today, Social Research, U.S. DISTRICT COORT REPORTERS, NEWARK, N.J. (201) G43-~~~^

1 2 3 4 5 6 COHEN-Cross 506 you are trying to say. If you are trying to spot a trend and you don't care very much whether the true answer is plus or minus eight to ten percent as a deviation, then you don't need as large a oample. 3ut I would still worry about whether the people interviewed are representative of the larger ! 7 ; population. 8 i Q You recall the study that you did with 9 Harold Kassarjian at about the same time right the Surgeon General's Report was released? A That's correct, I do. after 10 11 12 1 Q Would you say that the sample that you 13 14 15 16 17 22 23 24 25 used to do that study was totally projectable? A No, that wasn't the intention of that study. There is a big difference between this ORC study and the study we did. The study we did was to examine psychological processes that occurred in people as a i08dlt of teceiving discrepant information. 1-. The purpose of this kind of research here is to actually obtain data that speaks to the percentage of people who hold a certain opinion or belief. So those purposes are totally different. Q Didn't you conclude in your cognitive dissonance study after the Surgeon General's Report wu:; U.S. DISTRICT COURT REPORTERS, NEWARR, N.J. (201) SA3-3? 2n