RJ Reynolds
Philip Morris, Incorporated, -Vs- R. J. Reynolds Tobacco Company. The Deposition of John Howard Benson.
Fields
- Alias
- CN 74CIV2395
- Box
- Rjr4108
- Characteristic
- Marginalia
- Site
- Rjri
- Law
- Date Loaded
- 27 Feb 1998
- Author
- Benson, J.H.
- Unk
- Request
- 19970311
- Letter
- Minnesota
- Request
- Letter
- Type
- DEPOSITION
- UCSF Legacy ID
- eko78d00
Document Images
G v
1
MR. WILLSON: Reds.
By Mr. Boal:
Q Coripared.. to Reds, for exar.iple:
Lighter in_taste, I can't answer that
taste is relative.
Q Who was responsible for the phrase "lighter,
,
in taste"?
-approved. It went through me, certainly, as the copy
would.
Q And "lighter in taste" had no meaning to
comparative?
Say that.again,:.
.16 ' A- I think that's_ relative. I think "lower
17' in tar". is specific, I think, It's lower .in tar than

22
1~ when the transfer ~date is.,
3
@
Mr. , Cu 11^:an? *
I att-ended one meeting with Mr. CullmGn.
Mz'-.. r.illriser.?
I don't remember a meeting with Mr. Mill-
~'MR, FLETCHER_: Which one?
THE WITNESS: Joseph F., III.
,By--Mr, Boal:
Q Now, with respect to what has been identi-
f ied as Morgan Exhibits 3A and 3B and 3C, this-was,
in fact, the f irst phase of Marlboro print advertisin
is that correct?
Correct.
Now, does 11A, B and C represent the second
of Marlboro Lights advertising? ~
(Witness examining documents.)
THE WITNESS: I'm not positive of the sequence,
but, they look familiar. But Itm not positive this is
the sequence,
Boal:
Q And we :have -identified as Exhibits 12A,.
and C-'to the.Morgan.deposition some newspaper adver= o
. . . . .
~ . o~ ~
_
~
tising; which'I believe was also at.an earlier date,_
w

24
,..... ..._ ..._. ..._. ... _.,.... .v. , .._ ~..._. -. ~ ._....._.. _ _._...._...... ~ ._. ._... _
.. _..,..._,.. _. _.. . _. ._ .
rather;
°
Q
of Marlboro Red,
Isn't there a os.rticulwr non-smoker thwt
this advertisin~- is directed at?
5
I don't think there is a particular non-
smoker.
Q Particular group of non-smokers? I mean,.
is there a particular group of smokers?
A I don't believe there is a particular
group ori this, Hopefully, we were aiming at all
those people who did not smoke Marlboro Reds,
Q I note in the first line, the top line of ,
-Exhibit 12A, f or example, in the copy, prominent type:l~
"If you smoke a low tar and nicotine
cigarette, try this new one from Marlboro."
Isn't that directed to the low tar and nicoy
tine cigarette smoker?-
I have always looked on low tarbeing a
very-relative thing,-.
For-example,_if I were a Camel smoker,
would consider a Marlboro, say, or an L & M as a
lower tar cigarette,
Q Was there a reason f or
the selection of thei
copy.."If you-smoke a low tar and.nicotine cigarette,.
w
try this new one from Marlboro "?. ..: N
a
. . o~
0
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. . a

I
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a
9
16-
17
'peopl'e who don't s'r,loF;e Marlboro Red. prefer the tast(:
of a lower tar ci~arette,
MR. gOhL: Could you read the question and
, ansvrer, p].ease?-,-
Q- Do you want to ad3anything to that?
By Mr. Boal:
The record was read.)
No.
Are there low tar and nicotine cigarettes?
I guess there are,
Q What low tar and nicotine cigarettes
existed in 1971 when you placed this advertising?
I can't recall specifically, but I would
assume that True was on the market, Doral, probably
Vantage, Marvel -- not Marvel -- oh, what's that low
tar one? I can't recall its name. Those are the
ones that come to mind.
Isn't that really who the advertisements
such as 12A, B, C and D were directed to?
Well, again, I have to say those are peop?e
who don't-amoke'Marlboro Red, and that's who we were
get.
And those people are people that come-'
within the description of "If you smoke

21
Q
"engraver"?
Are-they owned by Leo Burnett?
T'T o .
It's an ir.deper.dent entity?
R it,;ht ,
Do you know Collins, Miller & Hutchins?
I know of them.
And are they engravers?
.
They are photo engravers.
What was the,word you used before
Photo.
How about Intaglio Service Corporation?
~
s
t
~
~
They are an engraver, also, for rotogravure,
And how about Superior Rogers Graphics?
Photo engraver.
Q Did they make any decision with respect to
any-of the Marlboro Lights advertising?
Q In 1971, who at Philip Morris did you work
.With with respect to the.development of Marlboro
Lights advertising?
then he's with Philip Morris, 'and I have forgotten
Fitzmaurice,.,At one time,'Bob worked for me,..and.
A.. `Jack Landry, Jim Morgan..-And'I'm hazy on
H

f -
~
i I participated in- the meetings that led. to the
h
mari.etin,7 of Marlboro I,ignts..
,.
.,
a
..Q
When- did these meetin`s first occur?
Mid-1971. I am gues sing.
Q Mid-summer?
A Something like that,
. 7.
8
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10
z
$ 15
16
17
18
19
20
1
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23
24
Q There are some agency service reports th;,t.
have been identif ied here, if that's off any assist-
~ ance.
ance.
I do not have.with me the first one, which ;
is in September, but when we come back again, we
-will have the September one. I think they are
chronological.
(Witness examining documents.)
THE WITNESS: Well, the first one here indicates~
December 1 of '71.
By Mr, Boal:
Q At that point in time, I take it that
Marlboro Lights was being sold in New.England and
not elsewhere?
A_.- Correct.
Q Do you recall the meetings, what took place
at the meetings in mid-1971? ~
Specifically, what?

f,..,... .. .,. . .... . . _._. _ .. .. ,
i
.
1. 1 . * A Wcll> yes. We didn't want to say "If you
.,
3
By Mr, Boal:'
'1 - MR. BOAL: Could you read that last question and
6
7
N
are the sr,:oi:,r :of a flavore3 filter ciZarette" =-
mean'ing. the Mari co'ro sm.oker. , -vJe didn'tt want to
Red smokers to:a a new.brand,
answer?
The record was read.
Q What do you want to say?
`~ 1`'' - A What do you mean "What do
0
z
¢
z 13
9
0
notice on the bottom line of the copy it
"Marlboro Lights for those smokers who
prefer the.lighter'taste of a low tar and
nicotine cigarette,".
Are.there any smokers who prefer the
''& I:` lighter taste of a_ low .tar and nicotine cigarette?
O
v
you want to say"?
Q You just told us what you didn't want t
I beg your pardon?
What do you want to say?
say. What did you want to say?
We want to speak to the smokers of other
cigarettes.

J
35
occasion for running the Marlboro Lights?
T'o my knowledge, no.
Q
-Does that mean you don't know?
A,.I'1rn not.aware that that was a reason for
running Marlboro Lights advertising.
Q How long i,s the lead time necessary to
place a print ad -such as Exhibit 8 which appeare.d in
the New York Post on June 24, 1974?
A To create an ad, get it approved and insert
it in the newspaper is normally about a -- under
ideal conditions, a four-to five-week effort, assumin
that there are no new creatives needed.
Q
Was this created in 1974?
No, that ad had appeared before 1974, I'm
quite sure.
time to place the.ad?
A That's possible.
Q About a week?
Probably longer, I would guess,
You don't
recall *specifically?
o,:.I don't.
Do you know 'who knows?
Ourn production manager could answer"that o
-. - . ~,

37
t:
attorne;; s for R. j. '7eyr.olds TobaC-co Company, and
wpr.e propounded to- Philip Morris; and in answer to
Philip Morris furnished us with
I
certain answers. And I'm particularly interested in
Interroge,tory Number 5, 'and. I would ask you to read
Interrogatory Number 5 and the answer to it,-
,
Q You do?
A Burnett employee, apparently.
~
Q I don't know whether he
is.
I don't, either.
-
. He mi ght be someone at
We requested production of those two docu--
n't'recall ,them.
Well, is 'there a reason : --
Q. He may not b
Philip Morris.
MR..FLETCHER; Yes, there is. a reason for those,
I

19
I
,a....,..__ _.. ~._....._-V.._.. .. ___.._ ...___.-_ -- ~ . -- _. ... _ . _.~..........._. -
---------.~._,...__~ _ .. .
-was prepared. Whether he_was responsible f or that
specific thing or r:ot; I don't know.
a
Q
i
I
type that was used in:the Marlboro Lights print adver-?
G
tising in 1971?
A I would guess Ken Kr.om -- at least under
S
his direction.
Q.
Lights selected to tie in with the Marlboro Red type?
MR. FLETCHER:
.the package?
By Mr, Boal:
Are
u talkim
t the ads r ~
b
o
ou o
g a
Y
Q Well, let's take the ads, f irst,
A I can't answer that question, why it was
selected,' Ken Krom was the one who selected it, and
I couldn"t tell you.why he selected it.
Q Do you know who J, M. Bunscho is?
Q
Okay. Fine,
Who is responsible fgr the selection of t'rt~
Was the type that is used on Marlboro
Yes.
Was Mr. Bunscho involved in Marlboro Lights
in any way?
A` To my.knowledge, he's a typesetter and'a
supplier for.the-Burnett Agency:
Did he make any decision with respect to
I
