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1 5 6 I N D E X 16 17 18 19 J 20 21 22 10 23 24 Examination. - By Mr. Boal t+1ITNES S JOHN HOWARD BENSON PAGE

1 APPEARANCES; ~•~.,..... . . 2 r_. Mr, Anthony= L: -.gletcher~ : and . . , ._ K.__. 4 5 &++y.nr+rprl nn heh9.7 f nf the Plainta.ff 2 Mr, Timothy C. Quinn,* Jr, ~ (Co~ibojl;:` Be~itt, O'Brien & Boardman) 20 Exehanae Plaza New York, New York 10005

X t ) 5 . ~ M a U ~ N 7 8 9 10 11 a 12 13 c5 14 .~ ~ . x .I $ ~ 15 16 17 18 19 20 21 22 23 24 (Witness duly sworn.) JOHN HOWARD BENSOPi, called as a witness hereino.having been first duly sworn, was examined and testified as follows: Q Q BOALs Would you,swear the witness, please? .~:-- . EXAMINATION By hSr. Boal s What is your name? John Benson. Is that your full name? A Correct. @ Q No middle name? Howard, `; Okay.' - What is your home address, }4r. Benson? A 774 Pleasant Avenue, Highland parkt Illinois, Q How Ylong have- you been working_ for Lea Burnett? A Twenty-one years. Q Were you working for Leo Burnett before Philip 'Morris became . a client? A Correct. Q Do you work on Philip Morris advertising ~ 0 N ~ 0 w 0 ~ ~ ~

7 16 17 1s 19 20 21 22 Q Q That would have,been in 1955. And what was the nature of that ad? As I recall, it was a man in a tuxedo. And how long was the man in-the tuxedo used A Well, it was • one of many. I t° was used f or an insertion. Q There were several different types of ads used to broaden the appeal of Marlboro, is that correct? A Correct. Q Could you name a few of the others? A Amateur radio operator; a sports announcer are two that come to mind, Q Did there come a time when these other vehicles -.- if I can use that term -- were dropped? A Yes, in 1963. Q What happened in 1963? A The advertising was changed. Q And what was it changed to? A Changed to the exclusive use of cowboys. Q And has that been true from that date to today? A Correct. 24 Q Does any other.cigarette manufacturer use

t -- ...~......~. Correct; -.. : :.-: -- for Philip Morris? 3 5 ~..s. _: .. : . _ Leo Lurnett did not promote the sale of any other Philip Morris brands at that time, did' they? 6 A Correct. 7 8 16 17 18 19 Q. Was there ari effort to create a new image for Marlbbro at that time -= which appears to be 1955? There was an effort to broaden the appeal of the brand. Q Could you elaborate on that? A The Marlboro brand on sale prior to our getting the assignment was a very limited specialty brand bein g sold, as I understood it, primarily only in the East. Q Higher priced luxury cigarette? Correct. More appeal to females than males? 20 1 A . 21 22 2.3 24 Correc't. This advertising was designed -- to broaden the appeal to more smokers was the.reason for this advertising. _ Q And more male smokers? A Not necessarily, but to appeal just to more w

A 11 What were the meetings.about? The meetings were about the launching of 4 5 6 7 8 Marlboro hights, Q Did you participate in any way in the selection of "Marlboro Lights" as the designation for this new product? A No, I didn't-participate, I participated in meetings., but not in decision-making. Q You participated in meetings in which dis- cussion was had of Marlboro Lights as a possible candidate for the brand designation? A I tm trying to think. I 2 15 .a 16 17 18 19 20 21 22 23 24 If I recall correctly, prior to my parti- cipating in a meeting, I think the name had been agreed upon. However, there might have been another name under consideration. Q Q LTN"? How about "Marlboro LTN"? Correct. _ what was your attitude towards "Marlboro A I didn 't have a point of view on it. Q Did you have a point of view.on "Marlboro Lights"? A No, I did not. Lq -

5 Correct, -,:.I think you have a thirty-second . ... I '3 5 6 story board in there. Q Thirty-second story board? 1. A Yes, wasntt there? Q A11 right, ; I have here another group of ads whi.ch haa been identified in Mr. Morgan's deposition as Exhibit 1, and ask you if you are familiar with that advertising? (Witness examining documents.) THE WITNESS ; I'm only familiar with one of the ads. By Mr. Boal; .0 16 17 18 19 20 21 22 23 24 Q A This one (indicating). Q Thatts 1C. Is that the advertising which was used to promote Marlboro about the time that they changed agencies? A That I don't know. Q But you do remember that ad? A I have seen that one proof once before, I don't know when"it rari,, Q Okay. Is Exhibit 23 sheet one the first L, print ad prepared by Leo Burnett -- . Which 'one is that? = 0 N ~ 0 > a

13 ..._I4arlboro. franchise to. low.tar.. and nicotine cigarettes? Not that,I could specifically identify. You hadn't run any studies on that? No. 5 7 8 16 17 ls 20 21 Was there at that time increas-ed consumption tar and nicotine cigarettes?' Are you referring to 1971 1? .- Yes, I am. A I cantt answer that question specifically. I don't recall the status of the low tar market at that time. Q Do you recall any concern for possible increase in taxation for cigarettes having higher tar and nicotine- numbers? A ' No, sir, r Q You have no recollection? A No, sir, Q Was that ever mentioned in any of.the meetings that you attended? A No, Q Was there ever, prior to mid-1971, any consideration in. coming out with a lowered tar and J 23 1 nicotine version of Marlboro? 0 24 A To my knowledge, no. w ~ v

7 Z ,._ $ 15 a 16 17 1s 19 20 21 22 smokers. Q Q Was it successful? Yes. Do you recall any change in share of market in Marlboro during that time, 1955? A Tto, I don't specifically. Q But it was_an increase? A Yes. : Q And what was the concept used to make the broader appeal --- was a broader appeal? there a concept used to make A Well, there wasn't a concept used. The idea was to present the brand in such a manner as to be more appealing to more people. Q And how was that done? A Well, one of the devices was the use of a cowboy in the initial ad. Q Has the use of a cowboy been continuous ever since 1955? A No. Q Did there come a time that Philip Morris stopped using a cowboy to promote 2•iarlboro?. A The second ad was not a cowboy. 1 Q The second ad?. When was that?

) 3 -Arid for"how long have you worked on it? Twenty years, t 5 6 8 Okay. Have you worked on Philip.Morris advertising from the inception of-the relationship between Philip Morris and Leo Burnett? A Correct. Q We have here a group of advertisements 16 17 18 19 s 20 21 22 ~ 23 24 that have been copied from an exhibit-in another litigation matter which has been prepared by Mr, Fletcher, and {t was previously identified in the deposition of Mr. James Morgan as Defendants' Morgan Exhibit Number 2. and I would ask you to look at this collection of advertising. Can you identify that advertising? (Witness examining document.) THE WITNESS: Yes, I could identify that. By Mr. Boal: Q Has a13l of this advertising been prepared by Leo Burnett for Philip Morris Company? A Correct, Q And it was all placed in print advertising N of various kinds? ~ 0 w m