Industry-Provided Depositions
Brown & Williamson Tobacco Corporation vs Walter Jacobson and CBS, Inc., Deposition of Michael Radutzky
Abstract
Deposition of Michael Podutzsky. Discusses a news program called Cigarette Perspectives, which he researched, produced and aired. Contents of program were fires started by cigarettes, educating children and prevalence of cigarette advertising. Discusses advertising or product placement in movies such as Superman II and Body Heat. Brings up topics such as candy cigarettes, sampling to minors and moving promotions like the Merit wagon or Marlboro truck. Presents sections of confidential FTC report. Mentions the pot, wine, beer, sex strategy developed by Ted Bates for Viceroy cigarettes. States that this strategy is designed to attract starters by featuring young people demonstrating a free and easy hedonistic lifestyle. Claims Brown and Williamson never adopted the strategy.
Fields
- Notes
Original document code was 495.
- Minor Subject
- Advertising and Marketing -print advertisement
- Advertising and Marketing -product placement
- Advertising and Marketing -promotional item/program
- Advertising and Marketing -research --study
- Advertising and Marketing -sampling
- Advertising and Marketing -strategy
- Advertising and Marketing -target market --youth (<18 years old)
- Federal Trade Commission (FTC)
- Public Relations
- Tobacco Industry -marketing policies --youth
- Advertising and Marketing -product placement
- Site
- Minnesota litigation
- Target Market
- young adult
- Youth
- Marketing Type
- PromoProg
- Sampling
- Billboard
- MediaBudg
- ProdPlace
- Sampling
- Type
- Legal- Deposition Statement
- Non-Industry Publication
- Major Subject
- Advertising and Marketing
- Legal Issues
- Author
- Radutzky, Michael
- Wolfe, Rosenberg and Associates Inc
- Brand
- Viceroy (bw)
Document Images
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
i
2
3
4
5
call
A. No.
Did you discuss how to get permission from
the distributor of that movie to use the tape?
A. I had asked him once again who the maker
of the film was.
Q. Did he --
A. And he %old me.
Q. Did you call the maker of the film?
A. No, I did not.
Q. Do you know if someone else from WSBM did?
A. Yes, I believe they did.
Q. Who was that?
A. Tim O'Donnell.
Do you know what Mr. O'Donnell said to the
distributor?
A- NO,
Q- Did Mr. O'Donnell subsequently tell you
that he had received permission from Warner to use
the film?
A. He subsequently told me that he had
received permission to run the film in still form.
Q. Did you ask Mr. O'Donnell to make that
to the distributor?
A. I asked him to get permission if he could
10
ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
1
2
3
4
5
6
7
8
9
to use the tape.
Q. After getting the Superman tape, what was
the next thing you did in connection with additional
visuals for the broadcast?
A. I had gathere~ some more slides of
billboards and taxicabs with cigarette ads on
I had begun working with the art department on
several graphics to be used
Q. This is" all in October
working with them?
A. Yes.
Where did you get these
billboards?
A. On the streets of Chicago.
Q, Who took the pictures?
A, I had taken some of them and a
photographer employed by us took
full
Q. You mean employed
A. No.
Q. Employed
assignment?
A. No.
Q. This is
time to time on a
in the piece.
that you began
slides of
the others.
time by WBBM?
just with respect to this
a photographer who is used from
contract or freelance basis by
them .
pkg Je,.o,. . e ,2j a2-so 7 631815087
i
2
3
4
5
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
WBBM?
A. Correct.
Q. What is his name?
A. Kevin Horan.
Did you instruct Mr.
Horanas to what kind
of photographs he should take?
A. I had asked him -- yes, I did.
Q. What did you tell him?
A. I was looking for photographs that
depicted cigarette advertising.
Q. What kind of cigarette advertising?
A. I didn't go into it beyond that.
Q, Well, you testified previously that in
your opinion cigarette advertising is pervasive
Chicago; is that correct?
A. Correct.
Q, Did you give the photographer any
guidelines to choose among the different ads that
are part of this pervasive environment?
You just asked that
MR. KLENK: Objection.
question and he answered it.
You can go ahead and answer it again.
BY THE WITNESS:
A. I told him to take pictures of ads.
in
am. t, • I , )ze2-aoar 681815088
1
2
3
4
5
6
7
8
9
i0
ll
12
13
14
15
16
17
18
19
20
21
22
23
24
BY MR- CLAYTON:
Q. So you gave him no direction other
just take pictures of cigarette ads?
A. Not just cigarette ads, cigarette
advertising, or cigarette -- the presence of
cigarettes.
than
Q. You mean any mode of cigarette advertising
or merely the presence of cigarettes in Chicago?
A- Correct.
Q. Did he come back to you wi~h any work?
A. Yes.
Q. When?
A. During the month of October.
Q. Did you review the work with him?
A. I don't recall that I did.
Q. Did you discuss it with him at all?
A. I believe I did.
Q. How many photographs did he come back with?
A. Approximately 80.
Q. Where are those photographs now, do you
know?
A. NO, I do not.
Q. DO you think they are among the materials
which were discarded by you?
1
2
3
4
5
6
7
8
9
l0
iI
12
13
14
15
16
17
18
19
2O
21
22
23
24
A . Yes .
Q- Might there be any of them at home or
still in the office anywhere?
A. I don't believe there are.
Q. DO you recall wh~ther there were any
Viceroy advertisements or illustrations of the
Viceroy brand among these 80 photographs?
A. I do not recall.
Q. Do you recall any of those pictures
specifically now?
A. O~e.
Q. Which one is that?
A. Newport Red.
Q. Why do you recall that one specifically?
A. I don't know.
Q. Were any of these photographs actually
used in the cigarette Perspectives?
A. Yes.
Q- Which ones, if you recall?
A. f don~t recall.
Q. What was the substance of your discussion
with the photographer?
A, I was concerned with the framing on a few
of the photographs, and I expressed to him the fact
pkg o :s12 7,z 0s, 681S15090
1
2
3
4
5
5
7
8
9
i0
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
that some of them were not in clear enough focus and
some of them were not framed properly.
Q. Did you say anything else?
A, Not that ~ recall.
Q, Did you ask him to do any more photographs?
A. Yes.
Q, What did you say on that score?
A. I just asked him to shoot some more.
Q. Did you give him any guidance as to what
he ought to look for?
A. NO.
Q, Did you tell him why you wanted him to
shoot some more?
A. Yes.
Q. Why?
A. Because I was concerned with the fact that
some Of them were OUt of focus and some of them
weren't frame properly.
Q. And did he in fact shoot some more?
A. ~es.
Q. How many more did he shoot?
A. I~m not certaiN.
Q. Do you recall any Viceroy ads among those?
A. NO.
1
2
3
4
5
6
7
8
9
i0
iI
12
13
14
15
16
17
18
19
20
21
22
23
24
him
or
Q. YOU don't recall whether
you don't recall the substance?
A. I don't recall the substance.
Q. Do you recall receiving additional
photographs from him?
A. Yes.
Q. Did you have any more discussions with the
photographer?
A. Not to my recollection.
Q. Were you also taking your own pictures of
billboards at this time?
A. Yes.
Q. Did you have anything in particular in
mind there when you were shooting photographs?
NO, I did not.
Q. And then you had another discussion with
after he came back with additional photographs?
A. 1 don't recall.
you did or didn't,
Q. What else did you do in order to get
ahold of visuals for the Perspectives?
A. I had phoned the television station in
San Francisco.
Q. The CBS station?
A. NO.
.... Jr:....,. • /3,2 782-,o87681815092
i
2
3
4
5
6
7
8
g
i0
II
12
13
14
15
16
17
18
19
20
21
22
23
24
Q. Which station?
A. An NBC station.
Q. What did you say to them?
A. Well, I didn't speak directly with the
people at the NBC station. I had spoken to Andrew
McGuire.
Q. About what?
A. About obtaining -- he had ~ copy of a tape
that was used on KRON-TV that depicted a strategy --
a way in which to demonstrate burning cigarettes-
Q. Dxd you speak with Mr. McGui~e over at the
San Francisco station about cigarette advertising at
all?
A. NO, I did not.
""
Q. What else did you do to gather visuals?
A. I c~lled the television station in Boston,
I believe it was WNEV.
Q. What did you say to them?
A. Asking for some tape of a particular date
that aired on their news.
Q. A particular date? A tape of a particular
story?
A. Of a particular story that ran on a
p;~,'ticu~ar date.
, 681815093
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
Q. What story was that?
A. It was a cigarette-started fire.
Q. And what gave you the idea to call the
Boston station?
A. I don't recall. I don't recall who told
me.
Q. Did you talk to the Boston station at all
about advertising?
A. No, 1 did not.
Q. The next thing you did regarding visuals?
A. I worked with the art department again on
setting up a graphic of cigarettes in an ash tray.
Q. Who did you work with?
A. Jim Mulroyan.
Q- Anyone else?
A. And one or two of his graphic artists.
Q. How many artists are employed by WBBM?
A. I don't know.
Q. Do you often work with the art department
to develop graphics for your broadcasts?
A. Yes.
Does a reporter always work with the art
department when a visual is being developed by the
art department for a broadcast?
J"6= 81815 0 9
¢
p k g ~t~a'42"), ,U~[[l,.~li • (312) 782-8087
i
2
3
4
5
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
work
is
A, l'm not a reporter.
Q* Does a reporter or a researcher always
with the art department when the art department
developing a visual for a broadcast?
A. I do. I can't answer for --
You always did for your broadcasts and you
can't a~swer in general?
A, Correct.
Q. What was the purpose
in an ash tray graphic?
A. It was to be used to
of having a cigarette
font the various
i~gredients in a cigarette.
What do you mean by font?
A, Those are character-generated letters,
computer-generated letters that form words on a
screen. Those are fonts-
Q. This graphic was to be a background to
some computer-generated letters which would indicate
ingredients in cigarettes?
A, Correct.
Q, Did you work with the art department on
any other graphics?
A. OR a -- yes,
Q. A~e we in october nGw~ these discussions
