Youth and Marketing
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.
- Company
- Brown and Williamson Tobacco Corp.
- Marketing Type
- PromoProg
- Sampling
- Billboard
- MediaBudg
- ProdPlace
- Sampling
- Target Market
- young adult
- Youth
- Major Subject
- Advertising and Marketing
- Legal Issues
- 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
- Author
- Radutzky, Michael
- Wolfe, Rosenberg and Associates Inc
- Brand
- Viceroy (bw)
Document Images
2
3
4
5
6
7
8
9
lO
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BROWN & WILLIAMSON TOBACCO )
CORPORATION, )
)
Plaintiff, )
)
)
)
WALTER JACOBSON and CBS, INC.,)
)
Defendants. )
NO. 82 C 1648
July lO, 1984
9:50 a.m.
The deposition of MICHAEL RADUTZKY,
resumed pursuant to adjournment at Suite 3000,
One IBM Plaza, Chicago, Illinois.
i
2
3
4
5
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
PRESENT:
MESSRS. PAUL, WEISS, RIFKIND,
WHARTON & GARRISON,
(345 Park Avenue,
New York, New York 10154), by:
MR. LEWIS R* CLAYTON,
appeared on behalf of the
MESSRS. REUBEN & PROCTOR,
(19 South LaSalle Street,
Chicago, Illinois 60603), by:
MR. dAMES A. KLBNK,
-and-
MESSRS. SIDLEY & AUSTIN,
(One First National Plaza,
Chicago, Illinois 60603), by:
MR. THOMAS H. MORSCH, P.C.,
appeared Or* behalf of the
Plaintiff;
Defendants.
REPORTED BY:
PATRICIA K. GRAVES, C.S.R. and
CORINNE T. GENNA, C.S.R.,
q¢of/,, _d,=.
1
2
3
4
5
6
7
8
9
i0
Ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
MICHAEL RADUTZKY
(Resumed)
By Mr. Clayton
E___x H Z B _I ~_S_
~_U_M_SER
Radutzky Deposition Exhibit
No. 28
NO. 29
NO~ 30
No" 31
416
471
48~
565
609
i
2
3
4
5
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
have
been previously
and
MICHAEL RADUTZKF,
called as a witness herein, having
duly sworn and having testified, was examined
testified further as follows:
DIRECT EXAMINATION
BY MR. CLAYTON:
Q. Mr. Radutzky, you u~derstand that you are
still sworn and still under oath?
A. Yes.
Q. Since the last session of your deposition,
you read anything in connection with your
testimony here today?
A. I've glanced at
Trade Commission report.
Q.
A.
Q.
A.
Q.
A.
O.
A.
Q.
A.
(Resumed)
the report, the Federal
The full version of tne report?
No.
The confidential pages?
Y~s.
And what in particular did you read
I just perused it generally.
there?
Did you look at any other documents?
No, sir.
Did you have any discussions with anyone?
Yes.
1
2
3
4
5
6
7
8
9
10
i£
12
13
14
15
16
17
18
19
2O
21
22
23
24
Q. With whom?
A. Walter Jacobson.
Q. And what was the substance of your
discussion with Mr. Jacobson?
A. I had just asked him to pay attention.
Pay attention to what?
A. To the questioning and to the
proceedings.
Q. Why did you tell him that?
A. Just so he would pay attention.
Q. What did he say?
A. Something to the effect that he
thankful for the word.
Q. Did you tell him anything about
substance of what your testimony had been
prior sessions of this deposition?
A. NO.
Did he ask?
A. No.
Q. Did he say anything else to you
this conversation?
else
was
the
at the
during
A, NO.
Q. Have you had any discussions with anyone
since the last session of your deposition?
1
2
3
4
5
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
~o.
Q. I believe that in the last session Of your
deposition, as we were going through the chronology
of the preparation of the cigarette Perspectives, we
had come up to a point which you testified was in
October when you spoke with Mr. Jacobson, who told
you at that time that the piece should be run as
soon as it was re~dy.
Do you recall that testimony?
A. Yes.
0.
the piece
A. No.
Q. Did you know why he
A. NO.
Q. Did he give you any
or specific, at that time?
Did Mr- Jacobson tell you why he wanted
to run as soon as it was ready?
wanted that? "--
deadline, approximate
A. NO.
Q. Did you ask him about a deadline?
A. Nu.
Q. Did you discuss the timing of the
broadcast at all during that conversation?
A. NO.
Q- Was the word "sweeps" mentioned during
I,
@VOW,
81815 0
81
pkg d~#~, J[[l,~lJ • (31~) 782-8087
1
2
3
4
5
6
7
8
9
I0
ii
12
13
14
15
16
i?
18
19
2O
21
22
23
24
that conversation?
A. No.
Q. Have you given us the full
that conversation with Mr. Jacobson
you recall i% now?
A. I don't fully recall
previously testified to.
Q. Okay. After your conversation with Mr.
Jacobson in October -- by the way, we will come back
to that conversation. But after this conversation,
what was the next thing that you did in connection
with the cigarette advertising -- strike that.
What wa3 the next thing you did in
connection with the cigarette Perspectives?
A. I had continued to gather visuals for the
piece.
Q. What are visuals?
A. The visual images that will accompany the
words on the air.
Q. What visuals had you gathered by the time
of October?
A. Some billboards.
Q. You mean photographs of billboards?
A. Correct. Slides. And I believe at this
substance of
in October, as
what I have
1
2
3
4
5
6
7
8
9
i0
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
time we had photographed the couch i[ivOlved in the
cigarette-started fire Perspective.
That was a videotape?
A. Right. And some cigarette machines.
What was the purpoge of havlng the visual
of cigaKette machines?
A, Just to visualize the cigarettes.
Q- HOW had you planned to ~se that in
connection with the Perspectives?
A. At that point, I didn't know quite how it
would be used,
Q. What other visuals Had you gathered by
this time?
A- I had received some tape of tobacco farms.
Q. Where did you get that tape from?
A. 'From the CBS News tape library.
Q. Where is that?
A. New York,
Q. Who did you speak to to get ~hat tape?
A. A librarian whose name I don't recall.
Q. Had you asked for any other materials from
CBS News in New York at this time?
A. NO.
Q. Any other visuals that you had gathered at
1
2
3
4
5
6
7
8
9
I0
ii
12
13
14
15
16
18
19
20
2i
22
23
24
the time?
A. I don't believe so.
Q. DO you know who had made the tape of the
tobacco ~arms?
A. It was stock footage.
Q. And what was on ~he tape, if you recall?
A. Fields of tobacco.
Q. After gathering all the visuals to which
you have testified, what did you do next to set more
visuals at this point?
A. I had a clip from the movie Superman If.
Q. Where did you get that?
A. It had been in one of the drawers for use
by the film critic.
Q. Well, did you just
go ~nto the drawer Or
did you have a discussion with someone to find out
where it was and get access to it?
A* I bad spoken with G~ne Siskel about it,
who is the film critic. I had asked him where I
could find the film clip.
Q. Approximately when do you recall having
this conversation with Mr. Siskel?
A. Sometime in October.
Q. What was the substance of that
pkg . 681815084
i
2
3
4
5
6
7
8
9
i0
Ii
12
13
14
15
16
17
18
19
2O
21
22
23
24
conversation?
A. I had asked him if he was able to locate
the tape of the movie Superman II that he had used
for his review so I could incorporate that, possibly
in a Perspective we were working on involving
cigarette advertising.
Q. -Did you indicate to him in any way why you
wanted to incorporate such a tape in your broadcast?
A. If I recall correctly, I had told him that
the Marlboro truck was used in that movie, and I was
going to be possibly interested in using it, but I
wanted his okay to use his clip.
Q. Did you have any other discussions with
him about cigarette advertising?
A. NO.
Q. What did he say in response to your query?
A. I don't recall. He okayed the use of the
he okayed the fact that I could take the clip out of
his drawer.
Q. Did you ask him about any other places
where you might
advertising?
A, NO.
Q.
find examples of
cigarette
Did you volunteer anything on that topic?
