Tobacco Products Control Act Trial
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Where are you now, sir?
Number thirty-six (36).
Hm, hm.
Which shows competitive advertising...
Right.
... dollars.
That source of information, it's a public
service that estimates advertising of various companies
and it is -- it in no way relates to what we can figure
as actual.
Okay, so it's -- these are estimates.
The reason it's used is to try to show trends, My Lord.
Okay. Now -- okay, that's.., ga va. Thirty-eight (38),
C.P.I., what is this?
Consumer Price Index.
With the reference here eighty-one ('81).
Correct.
Okay. T.P.I.?
That's Tobacco Price Index, My Lord.
And the tobacco price index, where does it come from?
It's the price of what?
That is from price information that we have from surveys
across the country. I'm not sure if that's done by
outside surveys as well, but it's a reference that we
use on the average price of tobacco products.
Of tobacco products?
AUDIOTRANSCRIPT, oi,,i,loo ,~ Pie~e Vilaire & Associ6s Lt4e

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Tobacco products. And it's an indexed figure as well.
Okay. At number forty (40), you have, if I read well,
"Mlns", it's millions?
Millions, correct.
Tailor-made -- are those a type of cigarettes...
Yes, My Lord.
... tailor-made? Fine cut, what is a fine cut?
That's cut tobacco, cut cigarette tobacco, My Lord,
that's used for roll-your-own cigarettes.
Okay. Rollers, okay. You have the duty free. Okay,
the exported cigarette volumes in millions, is that
millions of cigarettes?
Millions of cigarettes, My Lord.
Are these Canadian cigarettes which are import --
exported?
They're Canadian cigarettes which are exported. Yes,
sir.
Okay. At forty-eight (48), I assume this is the total
trademark duty free cigarettes plus fine cut volumes?
That is total of tailor-made, My Lord.
Tailor-made. What did I say?
Trademark.
Ah, tailor-made, I'm sorry.
It's tailor-made duty free fine cut volumes, My Lord.
And fine cut volumes, fine cut is sold by weight, My
AUDIOTRANSCRIPT, Division de Pierre Viloire & Associ~s Lt~e

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Lord, and it is estimated, it's generally accepted that
one (1) gram of fine cut would make one (i) cigarette.
So that's translated into cigarette volumes.
Okay. Okay, now I'm not sure what you're saying at
fifty-two (52) to fifty-five (55).
Well, in fifty-two (52), the percentage contribution...
Tailor-made?
... of tailor-made cigarettes within industry as at
number fifty (50).
What do you mean by that, as at number fifty (50)?
It'll take me a second.
Is that the percentage of the volume?
Just please bear with me a moment. It would be...
Probably...
It's the percentage -- it's a percentage contribution,
the representation of tailor-made cigarettes within
that, although it seems to me that that's low. Oh, I'm
sorry.
Total industry: eighty-nine percent (89%), so that's
probably it. Yes, okay.
That is correct.
Yes.
In other words, in nineteen eighty-nine (1989), Imperial
Tobacco's tailor-made cigarettes would represent
forty-seven point eight one percent (47.81%) of total
AUDIOTRANSCRIPT, Divi,ion 4e Pierre Viloire & Associ6s Lt~e

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cigarettes sold.
Q- Okay. Now, let's move back to -- to page one (i). If I
take the two (2) highest switching years, seven (7),
switching rate, okay...
A- Yes.
Q- ... the two (2) highest switching years would be
seventy-seven ('77) and seventy-eight ('78).
A- Correct, My Lord.
Q- Hm, hm.
Me POTTER:
And nineteen eighty-six (1986), My Lord.
A- And nineteen eighty-six (1986), My Lord.
THE COURT:
Q- It's fourteen (14). Now I'm looking at...
Me BAKER:
I think you're at the wrong one, My Lord, because
seventy-eight ('78) and seventy-nine ('79) appear
higher.
Me POTTER:
No, we're in number seven (7), Mr. Baker, switching
rate.
Me BAKER:
So am I in number seven (7) as well, Mr. Potter.
seven (7) for seventy-seven ('77) is eighteen point two
(18.2). Seventy-seven ('77) is fourteen point one
Number
AUDIOTRANSCRIPT, Division de Pierre V;Ioire & Associ~s L~'~e

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(14.1).
THE COURT:
Seventy-eight ('78) is eighteen (18).
Me BAKER:
Yes.
THE COURT:
Seventy-seven ('77) is eighteen point two (18.2).
Me BAKER:
Oh, I'm sorry. I guess my glasses need to be...
A- And eighty-six ('86), My Lord, is eighteen point seven
(18.7).
THE COURT:
Q- Eighty-six ('86)?
A- Eighty-six ('86).
Q- Is eighteen point seven (18.7), okay. Now, I'm going
back to seventy-seven ('77), seventy-eight ('78).
Okay?
A- Yes, sir.
Q- You have an increase in the switching rate from
seventy-six ('76) of four point one percent (4.1%).
A- Correct, My Lord.
Q- That was the year of the -- where you launched Player's
Light...
A- Correct.
Q- ... seventy-six ('76), seventy-seven ('77).
A- That was the effect of the launch of Player's Light.
AUDIOTRANSCRIPT, Division de Pierre Vilaire & Associ@s Lt@e

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Now, if I look at the brands, major brand shares at
thirty-five (35), number thirty-five (35), would it be
correct for me to look at the increase of the market
share from -- let's take Player's Light regular in
seventy-seven ('77) from seventy-six ('76), was a one
point four (1.4) increase. Would I be correct in saying
that that one point four (1.4) increase would be
reflected in the switching rates which I find at number
seven (7)?
It would reflect that. However, the switching rate is
an annualized figure, My Lord.
Hm, hm.
And switching is-defined as switching within the past
year, so there's a time lag in the information.
Switching within the...?
Within the past year. That's how we define it. In
fact, the question is not asked about switching. It is:
"What is your brand? How long has this been your
brand?" and if they say a period less than a year, then:
"What was your previous usual brand?" And that's what
defines switching. So it could be someone who switched
a month ago or it could be someone who switched ten (i0)
months ago. So there is a time lag between switching
information and actual sales results or share results.
But in general, the trending is there. The switching
AUDIOTRANSCRIPT, Division de Pierre Vi[oire & Associ~s Lt@e

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rate goes up and that's what -- that switching rate in
eighty-seven ('87) -- or, sorry, seventy-seven ('77) and
seventy-eight ('78) and seventy-nine ('79) generally
reflects the switching to milder brands, most of which
was started by Player's Light but by then, subsequently
others came in.
I'm not discussing as much as Light as the actual brand.
Like I see here a big increase in the Player's Light.
First of all, you start from zero (0) to one point eight
(1.8), that's the launching.
Correct.
And then you have, in seventy-eight ('78), three point
two (3.2) of the market.
Correct.
And then four point eight (4.8) in seventy-nine ('79) --
seventy-eight ('78), I'm sorry. If I look at all of the
brands, I see -- and correct me if I'm wrong -- I see
that most -- the largest increases of the market share
are always with new cigarettes, new brands that are
launched.
That's correct, My Lord.
Is that -- is there a correlation between the switching
rate and the share market of those new brands?
Yes, My Lord, there is.
There is a correlation between the two (2)?
AUDIOTRANSCRIPT, O~,,~,~or~ ae ~e~ V~o~,~ ~, A,,o:~, ~e

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That would -- the entrance of a new brand, such as
Player's Light, would cause switching from other brands,
as we demonstrated in the switching flow chart, but I
point out that the switching rate is total switching.
Total, yes.
All brands. But we could...
But the total will be reflected in specifics at one
point...
It will come from...
... because the...
Yes, we can get switching rates on individual brands,
all the people that switched to Player's Light in a
given year, and where they came from.
But, I mean, the global figure is an addition of all the
specific...
That is correct.
... switchers. Because I see here, for example, in
Rothmans Special King Size introduced in seventy-seven
('77), you have point nine (.9), then one point eight
(1.8). These are large increases in the share market.
Matinee Extra Mild, point nine (.9) when it is launched.
Number seven (7) is a lousy point one (.i). Export's
Light regular, one point four (1.4) when it's launched
and a year after, one point six (1.6). du Maurier
Special, point five (.5). Vantage, point one (i) and
AUDIOTRANSCRIPT, Di~i,io~ a~ Pierre Vila~re ~, A,so¢~s h,~e

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one point one (I.i). These are large numbers in terms
of share market.
A- Yes, My Lord, they are.
Q- Share market.
A- May I point out -- I would just suggest or submit, on
the first year of a market share, it could be that the
brand was only in the market for a part of a year and so
its volume for a half a year, if it was in the market
for half a year, would be annualized. So the growth
between the first and second years doesn't necessarily
represent a total year to your comparison.
But after
that, it's year to year.
Q- Okay, I see.
THE COURT:
I'm sorry. You know what they say, instead of keeping
it inside, I'd rather ask.
Me BAKER:
Q- For purposes of clarification, Mr. Brown, when we read
in an Imperial Tobacco advertising strategy document
that a fifteen (15) year old is included in the target,
does that mean that Imperial Tobacco is trying to target
that fifteen (15) year old to get that fifteen (15) year
old to purchase or not?
A- Not specifically.
Q- Not specifically.
AUDIOTRANSCRIPT, D~,~o~ ,~ Pierre Vil~i,e & A,sod~s

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It is the fifteen (15) to nineteen (19) year old
reference, as I've explained, sir, is a grouping within
the study and it's a reference...
Right.
... as the youngest age block in the study.
Now, you -- you used as a point of reference in terms of
the demographics, Statistics Canada, because you said
they grouped them that way, fifteen (15) to nineteen
(19) for example, right?
Correct.
If Statistics Canada gave you the demographics on a year
by year basis, then you wouldn't have to do that, would
you?
You mean individual age years?
Yes, because wouldn't that be more significant?
I believe they are available. I think the first break
-- the first biggest block of -- reference block of
Stats Canada is that -- I think you can get individual
years.
Precisely. So if you can get individual years, like all
the fourteen (14) year olds and all the fifteen (15)
year olds and all the sixteen (16) year olds and
seventeen (17) and so on and so forth, the fact that
Statistics Canada may do a little summary after nineteen
(19), from fifteen (15) to nineteen (19), what's that
AUDIOTRANSCRIPT, Oi~,i,ior, d~ P~,~ W~o~ ~. A,,o~i~, L,~
