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1 2 3 4 5 .6 7 8 9 I0 Ii 12 13 14 15 16 19 20 221 IN THE CHANCERY COURT JACKSON COUNTY, MISSISSIPPI In re: MIKE MOORE, ATTORNEY GENERAL, EX REL, STATE OF MISSISSIPPI TOBACCO LITIGATION CAUSE NO. 94-1429 DEPOSITION OF: DATE: TIME: RICHARD W. MIZERSKI, April 30, 1997 9:15 AM Ph.D. LOCATION: TAKEN BY: REPORTED BY: Offices of Interim Court 3530 Wilshire Boulevard Suite 1700 Los Angeles, California Reporting 90010 Counsel for the Plaintiff Lawrence Schumacher Certified Shorthand Reporter o 21 22 23 24 25 Computer-Aided Transcription By: A. WILLIAM ROBERTS., JR. Charleston, SC Columbia, SC (803) 722-8414 (803) 731-5224 & ASSOCIATES Charlotte, NC (704) 573-3919

222 1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 23 24 APPEARANCES OF COUNSEL: ATTORNEYS FOR THE PLAINTIFF STATE OF MISSISSIPPI: SCRUGGS, MILLETTE, LAWSON, BOZEMAN & DENT BY: JENNIFER A. COLEY 734 Delmas Avenue Pascagoula, Mississippi 39568 (601) 672-6068 ATTORNEYS FOR THE PLAINTIFF STATE OF FLORIDA: YERRID, KNOPIK & MUDANO BY: C. STEVEN YERRID I01 East Kennedy Boulevard Suite 2160 Tampa, Florida 33602 (813) 222-8222 ATTORNEYS FOR THE DEFENDANT R. J. REYNOLDS TOBACCO,. CO.: JONES, DAY, REAVIS & POGUE BY: ROBERT F. McDERMOTT, JR. GEOFFREY K. BEACH 1450 G. Street, N.W. Washington, D.C. 20005 (202) 371-5973 (INDEX AT REAR OF TRANSCRIPT) 25

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1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. STIPULATION EX BY MS. 223 COLEY It is stipulated by and among Counsel that this deposition is being taken in accordance with the Federal Rules of Civil Procedure; that all objections as to Notice of this deposition are hereby waived; reserved witness does deposition. that all objections except as to form are until the time of trial; and that the not waive reading and signing of this RICHARD W. MIZERSKI, Ph.D., having been previously duly sworn, testified as follows: further EXAMINATION (CONTINUING) BY MS. COLEY: Q. Good morning, Dr. Mizerski. A. Good morning. Q. I'm going to show you what we've looked at as Exhibit 4, which is your expert statement A. Uh-huh. Q. -- and I'd like to go through already that and A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 I0 12 13 14 15 16 17 18 19 2O 21 24 ask RICHARD W. MIZERSKI, you some questions. In Paragraph you have also served as a Federal Trade Commission, the State of Mississippi advertising. yesterday. investigation of 224 Ph.D. - EX BY MS. COLEY i, the last sentence says consultant to the U.S. the State of Florida.and on issues related to We talked a little bit about the FTC When you were at the FTC working on the the tobacco companies' advertising, did you advertising should be investigation at MR. MCDERMOTT: question. Vague. advertising. THE WITNESS: I ever form an opinion about whether their regulated based on the that time? I object to the form of the The FTC was regulating had at that particular time. BY MS. COLEY: Q. What kind of consulting work did you do for the State of Florida? A. Well, I did a number of consulting work for the State of Florida. For example, I did some consulting work with the.State Of Florida lottery. did some work for the Department of Insurance in terms of an expert witness; Department of don't recall what specific feelings I

1 2 3 4 5 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 225 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY Transportation; did a little work -- and I'm not sure it was Florida, because I was working through and their on with concerning if atgorneys -- concerning Southern Bell negative option that they advertised. Q. What specifically did you work the Florida State lottery? A. I made some presentations advertising. Q. were should advertise A. Q. information. them some an impact, those and Q. What did you Insurance for the State of A. Yes, I believe Insurance, and it's also things, like I think the cabinet head also deals with a number of other iss.~@. I remember something to do with fire insurance or fire coverage. But anyway, it was really with the attorneys in the Department of you assisting them on how they or how they shouid not advertise? How they should. And what did you advise them? did an analysis of -- of some lottery I was provided some data and provided information concerning how advertising how publicity had an impact, how both some other factors lead to sales. of do with the Department Florida? it was th~ Department of associated with some other some had of

1 2 3 4 5 6 7 8 9 I0 II i2 13 14 15 16 17 18 19 2O 21 22 23 24 25 RICHARD W. MIZERSKI, Insurance. I worked on a the advertising of -- as Medicaid coverage. Q. What was the State do regarding extended Medicaid they needed your analyses? A. There was a -- well, providers, insurance providers. Ph. D. EX BY number of cases I remember it, 226 MS. COLEY concerning extended of Florida looking to coverage for which a series of -o of And there's some statutes in Florida concerning what you can and can't do in terms of your insurance advertising and promotion, and I looked at both the direct mailing and also television advertising concerning the advertising of these products. And they were aimed at individuals in excess of 55 and up who wanted coverage for Medicaid. And there were celebrities and various kinds of creative additional use of themes that were used. And I participated in a number of trials as well as gave them consulting terms of how to address some of those potential issues. Q. So did the State of Florida have a problem with the way .a,dyertising was being done? A. Yes. Q. And that's where you came in? the in A. WILLIAM ROBERTS.

1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. A. That's correct. EX BY MS. 227 COLEY of the sure what we tollway there are these there would be a gas station and food and video and various kinds of vending machines, and the issue there was putting out a contract for the vending machines. And there wassome argument with the previous vendor as to_.~e definition of a vending machine and to the extent that~ the State could in fact let out another contract. And you analyzed the advertising for what purpose? A. To see if in fact it was potentially misleading or deceptive, and whether it would fall under the statutes that were relevant in that case. Q. And what did you conclude? A. That in a number of cases that it was indeed misleading, deceptive, and fell within some of those statutes. Q. And you did some work for the Department Transportation for Florida? A. That is correct. That had to deal with issue of vending machines. Q. What kind of vending machines? A. Vending machines on -- in toll -- I'm not would call it now, but along their gas station complexes where

1 2 5 6 7 8 9 ii 12 13 15 16 17 18 19 20 22 24 25 RICHARD W. Q. A. whether letting 228 MIZERSKI, Ph.D. EX BY MS. COLEY How did you play into that dispute? Definition of a vending machine and fell within their purview, really, of on it. cigarette vending machines involved it out a contract Were in this dispute at and beverages? A. have been at1, or was it just basically food I remember food and beverage. But it may broader than that-. That's all I remember discussing. What is the definition of a vending machine in your area of expertise? A. I don't remember exactly what I said, but basically anytime that you provide monies in response to some sort of a service or product, that would be a vending machine. Into a machine. In other words, there State promotional was no human interaction there. Q. Self-service type -- A. Exactly, yes. Q. On the lottery issue, did you assist of Florida in designing or advertising any campaigns? A. I was asked tm sit in the determination of a new lottery agency. Q. How did you assist in that? the A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 3 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 229 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY A. They chose a number of individuals in Florida, some academics, some business people, and I was asked to evaluate the presentations and the backup data from a number of agencies who pitched the account. I then made a recommendation as to what I thought would be the most appropriate. We were given various forms to rate the agencies. So I rated the backup material, I saw the presentations, rated the presentations. Then we got into a discussion and then, you know, suggested my view. determining the target lottery purchasers? A. Well, I an issue as advertising Did you assist the State of Florida in audience they were seeking for don't recall. That certainly was to whether the advertising agency -- the agencies also provided some data, some who primary data concerning their interpretation, would be the best audience, really, for the advertising messages. Q. And who was the best audience for State of Florida's advertising messages for lottery? A. People over 1.8 years old. Adults. Q. Any other demographic information? A. I don't remember the specifics on that,

1 2 4 5 6 7 8 9 10 ii '12 13 14 15 16 17 18 19 20 21 22 23 24 25 230 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY but the lottery play is fairly widespread. And although there may have been some areas in which heavier emphasis may have been placed -- we also had to operate under a rather restrictive policy concerning who could be targeted and how they could be targeted and sort of the creative executions that could be done. And it also dealt with distribution and any other kind of marketing activity. Q. So there were restrictions on who the target market could be, or how they could be targeted? A. Both. Q. Both. What did the State of Florida base their decision to put restrictions into lottery advertising on, if you know? A. Well, I don't know the -- the source of the restrictions. I -- I assumed at the time that they were something that were associated with the statutes that were put into place in beginning the lottery. I don't -- I don't really know how they were generated; whether it was under legislation or the specific governor~ ~ don't .remember the specifics of how they came about, but there were definitely i0 restrictions. Which I don't remember

1 2 3 4 5 6 .7 8 9 10 II 12 13 14 15 16 17 19 20 21 22 23 24 25 231 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY all of them, but I could remember some of them. Q. Do you remember, for example, what target audience they were restricted from advertising to? A. Minorities. There was not supposed to be any particular emphasis to minorities and no one under the legal age of obtaining a lottery ticket. Q. There are different lottery games in Florida -- right? -- like scratch-off and Play Four, the regular weekly lottery, the regular weekly lottery? Are those marketed in different ways? A. Yes, there often are differences they can be marketed as compared to Lotto. Q. How long did your issue with the in how State Florida last? How long did you work with them? A. The actual, you know, payment was a very short period. I then, after that, obtained data and would occasionally provide them information concerning what the data showed me, as I also had data concerning the State of Colorado, and tried to provide both the lotteries with more.insight as to how advertising worked with that particular product. Q. And you received a fee for your consulting work on the iqt~ery issue for the State Florida? A. Yes. of of¸ A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 "2 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 24 25 232 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY Q. How much did you receive, if you recall? A. I don't recall. It really wasn't -- certainly wouldn't be over a thousand dollars. Q. Did primary data on A. No. extensive array enough you receive funds to obtain the. the lottery issue? They provided me. of primary data to provide to me. Q. You also mentioned, They had an that they were kind while working with Southern Bell, you weren't sure who you were working with, but it was regarding Southern Bell, and the negative option that they advertised. A. Yes. Q. Can you explain that a little bit further? A. Yes. The state was -- the Attorney General was interested in a potential problem with the way that Southern Bell was operating in various parts of the state, and this concerned what we call a negative option. Meaning that they would say, "we are going to have the following policy unless you tell us that we should not do it." And as I remember, the policy had.to do with coverage for the telephone wiring within the home. They're responsible for the wiring going to the home, but

1 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. EX within the home they had, up until a provided service to that as part payment for telephone services. some point -- and I don't date was -- they had more than once, with pamphlet in there to 233 BY MS. COLEY certain point, of your -- of the However, they, at remember what the exact sent out at least once, perhaps a phone bill a leaflet or some describe that they were no longer going to be covering that free of charge and that there was going to be something in the area of charge of 50 cents, a dollar per month to cover that. If the household had any problem with that, they would have to contact Southern Bell and tell them they did not want to have that coverage. Q. And where did you come in regarding that issue? A. Well, whether it was fair, read it and understand the message. appropriateness of having something option. Were there any other suitable for Southern Bell to about that that consumers would have a Q. And what did you conclude, analysis? A. Well, as I remember it, say the Attorney General, although a did people The like a negative ways that would be more provide information clearer idea. based on your the -- I wouldn't I did talk to him A. WILLIAM ROBERTS, JR.. & ASSOCIATES

1 -2 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 234 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY about this issue -- the Attorney General wanted a blanket statement that a negative option would never be appropriate. I was -- I would not say that. I told him personally that I don't believe'that that would be true; that there certainly could be some things that would allow a negative option, in my mind -- MR. MCDERMOTT: Let me interject here. We've got Counsel for the State of F1~rida. It .absolutely makes no difference to me and to my client, but it seems to me that the witness may be talking about a confidential consultation that he had with the State of Florida in connection with potential regulatory or other litigation, and if Counsel for Florida's prepared to let that go forward, I really don't care, the but I have not had a chance to explore this witness and don't know to what extent other legitimate interests may be raised here that maybe getting our full attention. MR. YERRID: my adversary perceive inclined with are not Let me say this. I want to compliment for his professional approach to what I to be a potential problematic area. I was to believe that .I was here out of courtesy of defense counsel and have taken absolutely no role and mentioned nothing on the record with regard to

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the substance point is well RICHARD W. of yesterday. I believe taken. I think it's not this particular proceeding, and I would, without consulting with the Attorney General, which would only delay the proceeding, suggest that specific 235 MIZERSKI, Ph.D. EX BY MS. COLEY Counsel's germane to discussions with the AG the AG or people at his inquiry and that that Southern Bell context personally or with staff of direction be precluded from simply be umbrellaed under the of the work that was being performed and you move ahead, because I don't want to compromise -- I don't know what negative options are involved today in the state, I don't know what negative options were involved then, and I feel very uncomfortable waiving what would be potentially an objection having really been dealt with this issue in a vacuum. I prefer not to deal with it at all. So if Counsel doesn't have any objection, I would ask Counsel for Mississippi and for the Defendants to respect a potential that a privilege or work product stance may be taken and move away from that area. MR. MCDERMOTT: That's certainly agreeable to the Defendants. MS. COLEY: I'll move .alqng. MR. YERRID: Thank you very much, Counsel; appreciated. it's most

1 2 4 6 7 8 9 i0 ii 12 ~3 14 15 16 17 18 19 20 21 24 RICHARD W. MIZERSKI, Ph.D. EX BY MS. BY MS. COLEY: Q. Doctor, do you think advertising restrictions are appropriate in circumstances? A. Yes. Q. For example, the certain 236 COLEY lottery issue where the State of Florida wanted to restrict targeting minorities, do you think that was appropriate? A. No. Q. Why not? A. I think that particular restriction was one that was more sort of a political issue than a marketing issue. It assumes that minorities are somehow more vulnerable, and I don't agree. Q. You said that you had served as a consultant to the State of Mississippi. Can you tell me about that? A. Yes, I can. This particular work had to do with statutes concerning restrictions on attorney that when the statutes were Yes. -- like somebody sued the State? advertising. Q. was challenged -- A. Q. state A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 237 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY A. That is correct. Q. And said that it was unconstitutional? A. I don't remember all the specifics in Complaint, but that is what I thought. Q. And you were hired by the State of Mississippi to defend the restrictions on attorney advertising? A. That is correct. I was hired by the Attorney General. Well -- yes, I was, because I worked with the Assistant Attorney General. Q. And you reviewed the advertising restrictions that had been promulgated? A. Yes. These were almost exactly the same restrictions that were put in place in Florida. Q. And what conclusion did you reach? A. Well, it depended on -o on the restriction. Some restrictions I was able support, others I was not. to the Q. Can you give me an example of the advertising restrictions which you could not support? A. Well, the one that sticks out in my mind was one that prohibited two people talking or two voices used during a commercial. Q. And can you give m~ an example of an advertising restriction in that case which you A. WILLIAM ROBERTS, JR., & .........

1 2 .3 4 5 6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. EX BY supported or had support for? A. I would have to take a look restrictions. There were -- there were MS. 238 COLEY at all of the quite a few, and I was asked to go through each one and -- and discuss them. I -- one I remember would be the use of celebrities. Q. It prohibited the use of celebrities? A. Yes. Use of celebrity spokes- -- celebrity endorsers. I don't remember if it included spokespersons as well. Q. Why did you support that particular restriction or think that one was okay? A. I don't recall all the specifics case. It had something to do wit~ how they used and the audience of the advertising. So I remember all the specifics. There were fairly elaborate sanctions, and I would probably have to review that a little bit more to give you a better idea. Q. Is there a difference between a celebrity endorsement and a celebrity spokesperson? A. Yes. Q. Can you e~in that to me? A. An endorsemen6 is when the individual says they used it and they suggest that they had some of the could be don't A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 10 II 12 13 14 19 21 22 23 24 239 EX BY MS. COLEY RICHARD W. MIZERSKI, Ph.D. satisfaction with it and would suggest someone else uses it. A spokesperson is simply someone who is sort of either a voiceover or it could be an individual who just simply talks about the not suggest that they had used the person the NASCAR advertising but does it. Q. Would Camel race car in celebrity spokesperson or who drives a smoking Joe races be considered a celebrity endorser of Camel cigarettes? A. I don't think so, no. Q. Even though they're seen on television plastered in the logo? A. No, wouldn't be -- MR. MCDERMOTT: Object to the form of the question. You used inflammatory language, and I would call Counsel's attention to the fact that an endorser is somebody who used the product. Race car drivers drive race cars. MS. COLEY: I was just trying to get some clarification. Q. Doctor, we talked a little bit more about race cars yesterday, and.you said that you didn't think that, for example, ~he Marlboro car at Indy was an advertisement for Marlboro cigarettes. And I

5 6 7 8 9 10 ii 12 13 1.9 21 22 24 240 Ph.D. EX BY MS. COLEY for itself, but is that Q. What's the purpose of using that illustration in the advertisement for Marlboro cigarettes? their A. Well, I'm not sure exactly what objective would be. It is a visual. Q. Could it be brand recognition? A. Yes. Could it be to enhance brand Brand rec.o~nition~__ does that. loyalty? what Could it be tO encourage brand switching? Yes. RICHARD W. MIZERSKI, 1 realize the record speaks 2 your opinion -- .3 A. Yes. 4 Q. -- that the Marlboro car is mot an advertisement? A. Yes. Q. Do you think the Marlboro race car billboard in downtown Los Angeles with the Surgeon General's warning on the bottom is an advertisement for Marlboro cigarettes? A. Well, I can't give you a "yes" or "no." If I could explain. I think it would be clear to say that it is an illustration that is being used in an advertisement.

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. EX BY Q. On Exhibit 4, which is your statement, in Paragraph 2, it says, "Dr. Mizerski will testify concerning 241 MS. COLEY expert the literature on cigarette advertising, marketing and promotion." Are you going to testify just basically on everything that's out there and what's been done? A. I don't know the specifics of what I will be asked to do. To a large part it will depend on the questions that are asked and, I presume, where I fit in in the case. I don't know specifically what I'll be asked to do. I'm aware of the advertising, marketing, promotion of cigarettes, I have a background in the area. So I am not sure exactly the issue that I'll deal with. Q. In any of the classes that you teach or have taught over the years, do you ever use cigarette advertising and promotion as a focus of any of your classes or an example of anything? A. Yes. Q. In what way?. In what context? A. It would depend on the level of class. into the Q. Can you give me some examples?. A. At the gradua£e level I extensively look whole issue of cigarette and alcohol the A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 RICHARD W. advertising and 242 MIZERSKI, Ph.D. EX BY MS. COLEY explore both sides of the issue, and discuss and have the students sort of discuss and foster discussions about the various controversies. of Q. For example, like the pros amd cons the restrictions on cigarette advertising? A. Yes. And more in particular, the theoretical rationale for each, the literature on each side. I often ask the individuals to be able to discuss their opinion and back them up in some way. So I really feel that this is a very important issue in the world of advertising, the future of marketing, and I think it's important for students at that level to have an understanding of various sides of the issue. Q. Do you think that the current government restrictions on cigarette advertising are sufficient for the objectives of the government, or do you think that further restrictions would be warranted? MR. MCDERMOTT: Point of clarification. Are you referring to the FTC's restrictions right now and excluding the proposed FDA restrictions, or are you including the proposed FDA restrictions which have been the subject of 15~ation? MS. COLEY: No, I'm excludin.g the FDA restrictions because they have not been implemented yet, so I just

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 21 22 23 24 25 243 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY want to talk about the current FTC restrictions and get your opinion on those and their effectiveness. Q. And so we'll start there. A. Okay. I think part of your question, as I remember, was also the objectives of the government, and the objectives of the government and the objectives of the FTC may, in fact, be different. the Q. Okay -- A. And I'm not sure of all the objectives of government, and I would assume that -- it would be difficult, because when we're talking about the government, we're talking about the number of branches of the government, and I know that there is a difference of opinion in various branches. Q. Let's talk about the objectives of the FTC. Are the restrictions that are currently in place, which were implemented by the~FTC, sufficient to reach the objectives of the FTC? A. I can only -- MR. MCDERMOTT: Objection. A little bit vague. There's no foundation as to what the objectives are. But if the witness is in a position to answer as the question's framed, he maydo So. THE WITNESS: I can only talk about the objectives as A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 !5 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. EX BY MS. I was aware of them during the period that at the FTC. BY MS. COLEY: 244 COLEY I worked Q. That would be fine. A. And to the best of my recollection, those objectives were to provide health information and to look at various ways to provide information to help individuals make a thoughtful decision, or to make a reasoned decision, concerning their use of the product. Q. that the advertising information to get across to believe that the -- I believe that, that the consumers have that have been using that information. I Do you think restrictions enable that the consumer? A. I first of all, information, believe there's a substantial amount of data to suggest that some of those restrictions were unwarranted if, in fact, it was simply to provide that kind of information. Q. What kind of restrictions might be unwarranted? A. There has been a number of -- there have a number of studies looking at the broadcast and those have concluded that there seem to be been ban, A. WILLIAM ROBERTS, JR., & ASS~

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. EX BY MS. no effect of the broadcast ban in terms of various things, such as smoking rates. 245 COLEY reducing Q. Do you think that has anything to do with the fact that because of the fairness doctrine.when the cigarette advertising was removed from television, that the public health announcements regarding cigarette smoking being dangerous to your also taken off the television? No, I don't think so. I don't believe is a critical component of that. health were A. that that Q. Are you aware there's studies out there that seem to think that that's the case? A. I'm not aware of any studies that have specifically looked at that factor. I'm aware of a number of studies that have noted that there seemed to be something like between manufacturer anti-smoking ad, and a one-to-four relationship and for manufacturer as to one have interpreted that to be the appropriate relationship. I don't believe that's an appropriate way of looking at it. Q. What do you think is an appropriate way to look at it? A. I believe on~ has to take a look at the fuller view of the anti-smoking efforts out there. And there is a widespread and very powerful number of

1 2 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 246 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY different efforts, including such things as restrictions on where people can smoke, workplace, entertainment, Indeed, some suggest that factors that giving rise advertising. Q. restaurants, of my research with the there are very powerful the societal factors. lottery would publicity are probably even more effective in to ultimate behavior than anti-smoking You mean there's certain would encourage people not to smoke even the anti-smoking advertising? A. Yes. Q. I just wanted to make sure I you. publicity that more than It's advertising does smoking who do not Right? A. That is Q. If that understood your opinion that cigarette not influence people to start smoke. correct. is the case, then why restrict cigarette advertising at all? A. That's a good point. I think there is a real question about that. We don't have information -- well, we do have some information in cases where there were no restrictions and then A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 I0 ii 13 14 15 16 17 18 19 20 23 RICHARD restrictions advertising, which there W. MIZERSKI, were placed and vice versa. were restrictions on some other products, like alcohol. ANd appear that restrictions have no impact on 247 Ph.D. EX BY MS. COLEY on cigarette tobacco We have situations in and they were released it d~oes the smoking rates or the uptake of smoking. Q. The next sentence in Paragraph 2 of your expert statement says that you will evaluate the tobacco industry's advertising and marketing campaigns as well as the campaigns of other industries. By "evaluate their advertising and marketing campaigns," does ads and promotional things your opinion on whether or not that mean to look at the that they offer and give they're targeted to children? Is that one area? A. I don't remember discussing that particular task that I would do. I think it would be more in terms of the relationship between those campaigns and such things as brand switching or aggregate market expansion. Q. Have you looked at company dollars that are spent on advertis~ .and promotion for the State of Mississippi? Can it be broken down like that? A. I haven't seen any figures for the State

1 2 3 4 .5 6 7 8 9 I0 ii 12 13 14 15 ~6 17 18 19 20 21 22 23 24 25 of RICHARD W. MIZERSKI, Ph.D. EX BY MS. Mississippi by company dollars. What about the State of Florida? I haven't seen any information breaks it down by company for the Q. Are you aware that tobacco companies more heavily of cigarette in one area of the another? A. Oh, I'm quite talked about my Joe Camel a very important part of those selective emphasis Q. What do you anticipate this case? A. 248 COLEY that State ef Florida. in some instances the market a certain brand country versus aware. I think yesterday I research in which that was looking at the impact of in certain localities. other industry advertising campaigns evaluating for your testimony in There are a number of studies that look at other industries -- and they could be alcohol advertising -- and escapes me. There are a number of studies that have been done looking at the impact of advertising across an industry. Q. Are you aware that recently the liquor industry has decided that they will start advertising on television again? A. Yes. Q. Do you have an opinion on whether that A. WILLIAM

1 2 3 4 5 6 7 8 9 10 "ii 12 13 14 15 16 17 18 19 20 21 22 23 25 RICHARD W. advertising will United States? A. liquor -- 249 MIZERSKI, Ph.D. EX BY MS. COLEY increase liquor consumption in the I would not expect it to increase We're talking about the whole liquor category? Q. Yes. Liquor as opposed to beer and wine. A. Well, I -- I think there's a question as to whether those are really, sort of brands of alcohol or whether we're talking about them being unique product category. I think we really need to take a look at that as a whole product category of alcohol. Q. So the product category is beer, wine, and liquor -- A. Alcohol. Q. Alcoholic beverages? A. That is correct. Q. Do you think that the liquor subset of the alcoholic beverage product category advertising on television will increase consumption of that subset of that category? A. It may have an impact of shifting away allegiance from beer or Mine to liquor, and probably would do that in ways of obtaining better distribution than some other factors. A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 ~6 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. - Q. Do you think that the advertising on television will that product? A. No. Q. Do you think that the advertise in such a way that very 250 EX BY MS. COLEY liquor industry influence k'ids to use liquor industry can few individuals purchase on television? You mean is it will be exposed to possible? What does "very few" mean? can they pick a .television show people over the age of 21 who under the legal age of that advertising MR. MCDERMOTT: MS. COLEY: Yes. THE WITNESS: BY MS. COLEY: Q. I mean which the market is in think we broadcast worked at looking, in opportunity would not watch that television show. A. You're always going to have some significant number of minors watching a television show. Of course, nowadays there may be ways of blocking certain channels on cable, et cetera, so I probably have to talk about what array of opportunities are available. But when I the Federal Trade Commission I do remember terms of the .children's advertising, the of, in a sense, segregating messages that reach or would reach children, and it is

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 251 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY very difficult to broadcast media to get a market that would be anything less than i0 or 15 percent. Q. But the liquor industry is not likely to purchase time on Saturday morning cartoons to advertise their product. Right? A. I hope not. MR. YERRID: Take a break for a MS. COLEY: Yes. We've been going minutes. (Recess taken.) BY MS. COLEY: Q. Dr. had asked you record -- "the purchase advertise hope not." Mizerski, -- and I wrote this liquor industry is time on Saturday morning their product. Right?" second, please. for about 50 advertises cartoons, that in the product right before the break I down from the not likely to cartoons to And you said, "I industry Isn't that because if the liquor their product on Saturday morning children, young children who are not category,~ not able to purchase the product, will develop..a ~ore favorable effect toward the product and be more likel~ to come into the product category later in life? A. WI

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 25 M~ZERSKI, Ph.D. EX BY MS. 252 COLEY RICHARD W. A. NO. Q. Then why is it your opinion that you hope that the liquor industry would not advertise their product on Saturday morning cartoons? A. I think it would lead to Zurther potential restrictions across a broad range of product categories. I think it would incite political response in an area where there is a great deal of research that suggests that the restrictions that we have right now are too restrictive. Q. If advertising, in this instance, would not influence those kids in any way, then why would you expect that response? A. I've been working in this area for approximately 22 years, and I can see that things far less -- far less easy to be publicized have been used to request more restrictions on commercial speech. think it would not be prudent on the part of the liquor industry to do that. First of all, it's not their target market. Second of all, it's simply going to get a number of groups, including parents and everyone, upset. And those people may be their target market. So it wouldn't make any sense in terms of how one would effectively deal with marketing, I nor negative publicity, to get involved in

253 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY 1 something like that. Commercial speech is a very 2 important thing. I think that it should not be 3 restricted without a good deal of very good empirical 4 evidence. 5 Q. But you do admit that there are certain 6 cases in which commercial speech is justified in 7 being restricted? 8 A. Yes. 9 Q. The next part of your expert statement i0 says that you will also comment on your own research 11 concerning advertising, including cigarette 12 advertising. 13 Which is the study that we discussed in 14 length yesterday. 15 Is that right? 16 A. That is correct. 17 And also, I believe, my comments on other 18 studies that have been done in the area of tobacco 19 advertising and cigarette advertising. And I've also 20 written a number of things in terms of the use of 21 effective advertising and, as I remember it, other 22 political issues. 23 Q. Do you intend to review in detail the 24 proposed FDA regulations and have any comments on 25 them for your testimony in the Mississippi case or A. WILLIAM ROBERTS JR.

1 2 3 4 5 .6 7 8 9 10 Ii 12 13 14 15 16 19 21 22 25 the RICHARD W. MIZERSKI, Florida case prior to A. I may. Q. Has anybody point? A. I have been the FDA guidelines. response to them in obviously interested in advertising is affected. asked to make comments, Q. It concerning the promotion (including and promotion) on the public on children and adolescents." Ph.D. trial? EX BY 254 MS. COLEY asked you to do that at this provided because I requested I don't believe I have a terms of the industry. I'm anything to do with how And to the extent that I'm I will. says you will further testify "effect of advertising, marketing and cigarette advertising, marketing in general, as well as What is your opinion regarding the effective advertising, marketing and promotion on the public in general, just not cigarette advertising? A. Well, it would depend on a number of factors that we have talked about before. The audience that you're trying to go after to ultimately purchase or consume your product. It depends on the social environment, the ~olitical environment, the individual's experience, and the product itself, where it is in the product life cycle, as well as

• 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 255 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY maybe some other factors as to whether it's a service or good. So it would really depend. But there are some studies, a number of studies, that have been done looking at mature product categories and their influence on the public overall in terms of the ability of advertising to expand that market. Q. And when you talk about product life cycle, could you explain that a little bit more, what that means? A. There's a general agreement that products go through various phases, and we call that the product life cycle, and the phases are from its introductory stage through to a potential declined stage. Q. And you also mentioned mature products. What is a mature product? A. That is a stage in the product life cycle. Q. And where is that stage between introduction and decline? A. Generally, we look at the introductory stage, the growth stage, a maturity stage, and ultimately a decline sta~e~ Q. What are the Charahteristics of a mature product? A. WILLIAM ROBERTS. ,TW

1 2 3 5 .6 8 I0 11 12 13 14 15 16 21 22 24 256 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY A. There are a ~umber of factors that we often look at. We look primarily at distribution, the degree at which distribution has been developed. We also take a look at the competitive atmosphere, how many brands are in a category, the kinds of brands that are in a product category, the opportunities to come up with new uses of a product. All of those would be some factors that would go into stage. product determining where Q. Where life cycle? A. It is Q. What decline stage of you are in the mature is the cigarette in the late in the mature stage. are the characteristics of the product life cycle? the A. Sales begin to go down, and, indeed, it could be argued that in many ways they are in a decline stage. So I'd say maturity and decline stage. Q. What is the purpose of advertising, marketing, promotion for a mature product? A. Whole distribution. In the mature and decline stages there is a tremendous amount of competitive pressure for shelf space. Particularly if we're talking about consumer packaged goods. I think the nature of the product is very important as A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 3 4 5 6 7 8 9 I0 .II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 257 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY well. But to the extent that you need to have placement on the shelf, that is going to be every placement that your brand has, there's a placement that a competitive brand doesn't have. • Q. Is a placement on a shelf generally something that's purchased by the company? MR. MCDERMOTT: With respect to the cigarette business or all businesses? MS. COLEY: I want to start with all businesses. THE WITNESS: That BY MS. has varied over time. COLEY: Q. What about the cigarette business? A. I presume that has also varied over time. Nowadays, whatever consumer packaged good category you're talking about, there's increased effort by the retailers to get some sort of retail promotion or some payment. And those can be done in a broad range of ways. They may be directly tied to something of what we might call slotting fees, they may be promotion, funds that are offered that somehow are -- act as an incentive to get more ehelf space. There can be a number. It's a very complex area, but there are many things tha~ are done in the area of both advertising and sales promotion to .solidify the -- and to hold the amount of distribution you

1 2 3 5 6 7 8 9 i0 11 12 13 14 15 .16 17 18 19 20 21 22 23 24 25 258 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY have. One has to remember that unless somebody can buy it at the retail, they can't buy it. So that is the critlcal component when we're talking about pretty much all products, unless they ca~ be delivered in some fashion that can bypass a retailer. Q. So, for example, when I walk in a 7-Eleven store and right -o generally all the cigarettes are behind the counter, you have to ask for them, and I'm making that assumption, but if there's a rack of cigarettes right by the register by the clerk, which I can just grab a pack, and they're all Philip Morris brands, does that mean that Philip Morris might have paid a slotting fee to put those there? would be -- I object to the form of the It's somewhat speculative. But if you can answer it, go ahead. THE WITNESS: I was going to say that that would require some speculation, because I don't know the policies of all the tobacco manufacturers and how they deal with retailers, nor -- it may be that they deal with retailers in different states differently, or different trade areas diffe~ently. There is g~nerally some incentive for the shop owner to give cigarettes right A. That MR. MCDERMOTT: question.

1 2 3 4 5 6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. - EX BY MS. shelf facings, and it may be simply because product that provides them with the most amount money for that particular square footage. BY MS. COLEY: Q. The cigarette companies' policies on how they deal with retailers, would that be important for you to review in forming your opinions in this case in any way? A. It would depend on what level of review you're talking about. It's a topic of which I'm very much involved in evaluating, and have done for quite some time. When I first started in teaching behavior particularly when I started importance of distribution. advertising promotion are very, very using my experience in 259 COLEY that is a of consumer and promotion, I very quickly realized, doing consulting, the Distribution and closely linked. So I would be categories to talk about that issue. Q. If there is, for example, a manual that R.J. Reynolds gives to its area sales representatives that they are to go by when they go to sell their products to the local merchants, would you want to review that prior to.yourtestimony in this case? A. That probably wouldn't be necessary, but a broad range of A. WILLIAM ROBER~

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 ~6 17 18 19 20 21 22 23 24 25 260 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLE¥ if there is such a manual, I'll perhaps request it. I have had a number ~f students in my class become more, during the period in which they were students, be reps for various tobac~co companies. And I've often talked about that, as I have with students who have become reps for Nabisco or reps for other kinds of brands out there. Q. Can you estimate how many students you've had that have become sales reps for the tobacco companies? A. Probably around in excess of 10. Q. Percentagewise, I guess that would be what? A. Probably a small percent. I've taught literally thousands of students. Depending at what I would be normally teaching at semester of in excess of hundred and fifty students. university I was at, least two classes per anywhere from 60 to a And not all of marketing rep. about t~eir experience. product categories, not I do remember a back, because I provide me wi~h them reveal the fact that they're a Sometimes they'll come back and talk I'm interested in all just specifically that. But few of the students who have come do talk about tobacco, and they will information.

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. EX BY MS. Q. And did you have students when at Florida State who went on to work for of the tobacco companies? A. Yes. Q. In your field, in the students teach and train, do you have any students 261 COLEY you were one or other that you who go on to work for public health groups? A. Yes. Q. The statement I read a little while ago from your expert statement goes on to say you'll talk the effect of advertising, marketing and about promotion on children and adolescents. How do you define "children" by -- I guess break it down by age. How do you define children by age and adolescents by age? A. Typically, we talk about children are those individuals under I0 years old, and adolescents are sometimes a relatively ambiguous terminology, but often they are broken down into several age groupings. Q. Like what? A. I0 to 12, 13 to 14, and maybe 15 to 17. But the specific age ~Qupings vary by the individual doing research or the group who is interested. But they often are broken down i~to various age groups. A. WILLIAM ROBERTS,

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what marketing A. Q. A. marketing A. put onto 262 RICHARD W. MIZERSKI, Ph.D. - EX BY MS. COLEY Q. For marketing definition purposes, by age is a person considered a young adult? For purposes. 18. 18 to what? 18 to 24. What is 25 and up considered to be for definition purposes? I don't remember any specific category that. Typically, there are a number of services. Simmons, for example, and Media Markets, and a number of other syndicated services that provide media and product information broken down by various ages. And, for example, in the case of Simmons and Media Markets, we're talking about beginning at 18. Although Simmons does have and has had for some time, as well as perhaps some other contractors, a -- what they call a kids' study. And I believe the ages in there would run something in the area of about 7 to about 14 or 15. Q. If a cigarette brand is targeted at 18- to 20-year-olds, in your opinion is it possible that that advertising can ~ch individuals under the age of 18? MR. MCDERMOTT: Can reach?

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MS. COLEY: Yes. THE WITNESS: I'd "reach"? "Reach" interpreted many BY MS. COLEY: Q. Okay, If individuals 18 MIZERSKI, Ph.D. 263 EX BY MS. COLEY have to ask what do you is often a term that is different ways. mean by let me rephrase the question. a cigarette ad campaign is targeted at to 20 years old to influence them to purchase that brand of cigarettes -- and I'm going your assumption that it is only targeted at the 18- to 20-year-old smoker -- if it can influence an 18- to 20-year-old smoker to purchase that brand of cigarettes, can that advertising campaign also smoker to purchase that brand influence a 16-year-old of cigarettes? A. I think I is -- it is possible, that that may have some switching. Q. first pack of cigarettes, A. If they're a normally expect purchased their earlier than 16. had noted yesterday that it if one is a regular smoker, impact on their brand Can it influence the purchase of their the brand that they select? regular smoker -- I would that ~,.~egular smoker would have first pacM of cigarettes sometime It would be difficult. We're A. WILLIAM

1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 264 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY talking about smokers and regular smokers, and typically that's a definition of at least one cigarette a day in the last 30 days. Q. So, in your opinion, does cigarette advertising influence the experimental smoker? A. No. Q. Does cigarette advertising, in your opinion, influence the occasional smoker? A. It doesn't appear to. I haven't suggestion of that in the literature. cigarette blank. A. Q. day in the A. Q. a smoker's cigarettes has already A. scenario. seen any So just to clarify, in your opinion, advertising influences -- fill in the Who? Smokers. Regular smokers. regular smokers being one 30 days? And last Yes. cigarette a a Cigarette advertising does not influence first purchase for their pack of because, in your opinion, ~ regular purchased a pack of cigarettes? Well, I suppose we could come up with If you're 9~king about somebody who's regular smoker who's 18, 20, 30, 40, and has not needed to purchase cigarettes during that whole smoker

1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 265 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY period and all of a sudden they are forced, therefore, to purchase their first pack, in that case, it's conceivable that advertising can have some influence they choose. of the second statement says that you will role of advertising, marketing smoking behavior. opinion regarding the role promotion in presume we're in terms of what brand The last sentence promotion • versus of your expert concerning the promotion in influencing What is your of advertising, marketing and influencing smoking behavior? And I talking about cigarette advertising. A. Cigarette advertising smokers to either be more loyalty is extremely rare brand. Perhaps only once would be enough. Does cigarette influence regular stop smoking? that maintenance. Q. paragraph testify and influences regular loyal -- although total -- or to switch to another or twice during the year advertising, marketing and smokers to keep smoking A. No. There's absolutely a lot of suggests that smoking has no impact on maintenance? You mean advertising has evidence no impact on

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. A. Sorry. Yes, that's exactly what 266 EX BY MS. COLEY I mean, that advertising, or promotion, neither one have any impact on the maintenance or one continuing to use cigarettes. Q. The third paragraph of your expert statement says that you may offer opinions on specific marketing of anti-smoking campaigns in What do you mean techniques"? A. Well, techniques and the effectiveness the media. by "specific marketing the specific marketing techniques could be school level, media, using the use of anti-smoking campaigns at the directed towards families, using mass publicity. Regarding smoking issues, I want to know influence on teenagers and kids in it be what they learn in the they might see on television? In what regard? would influencethem in keeping them which has a bigger the smoking field. would classroom or what MR. MC DERMOTT: MS. COLEY: That appears from smoking. _.,.. THE WITNESS: It appears what they learn -- well, it that what happens in the classroom has the

i 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 23 24 25 267 RICHARD W. MIZERSKI, Ph.D. - EX BY MS. COLEY biggest impact. Although there is new research that suggests the discussion -- the debate that is used in terms of publicity can be very effective in terms of augmenting that material. BY MS. COLEY: Q. What kinds of information do you think that kids should receive regarding smoking that would aid them in not smoking, not taking up smoking? A. It would depend on several' things. First of all, it would depend on the age of the child. It also would depend on where they are in terms of that process, uptake process you had suggested yesterday. Q. If you had $1 billion given to you by the State of Mississippi and they said, "We want you to design a campaign targeted at people under the age of 18 to keep them from smoking, and it doesn't have to be limited to advertising. I mean, you can include school-based program, anything that you would include in a program to keep kids from smoking," where would you start? A. I'd start young, very young, and perhaps their first interactions that we Can provide health information. That ve~[.well may be dealing with even before pregnancy. And so the mothers and the fathers, if there are father~, would understand the

1 2 3 4 5 -6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 268 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY severe consequences of smoking. MR. YERRID: There's always fathers. THE WITNESS: And I think that needs to be continued through the whole process of pregnancy. "Certainly when the child, then, has the opportunity of perhaps even at home -o I'm certainly not against anti-smoking campaigns. Think they can be useful. But one has to be very careful about the kinds of creative and the kinds of strategy we use. So it would have to happen very early. Then as the child gets older, and perhaps goes to preschool, I think that also has to be an important part. To the extent they go to preschool before they go to regular classes. I think that is another time in which that has to be provided. I think we also have to work on the homemakers, caregivers, those individuals. The household, brothers and sisters. That whole environment that it takes place. I think there also can be campaigns that would be aimed at where children get together for entertainment and sport and that kind of approach. And so I think the use of trying to make it rather pervasive b~.~nderstanding that to get smoking to zero is probably not a realistic goal, at least in the short run, but starting very early.

1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 20 21 22 23 24 25 Then might is -- 269 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY when they go to school, smoking programs. Now, the creative that you would use change. For young children, health information and even up through teens, health Information to be particularly potent. In fact And why is that? There are various views of why it doesn't that way. Economists, for example, having the cost benefit trade-offs that various does not seem BY MS. COLEY: Q. A. work out looked at audiences use -- I've actually seen this in some focus groups that I did for the FTC, that young children don't really value the health aspects as those who are a little bit older. In fact, they seem to be much more sensitive to things like the social aspects of smoking. And then again, as people mature and get into their late teens and certainly start getting into the young adulthood, shifting towards the health information. Now, I think health information should be out there. I think people need to be provided with the information to make a reasoned choice, whatever reasoning goes into it. But I think you have .to use a number of different tacks to do that. That would be a more appropriate use of the money.

1 2 3 4 5 .6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 as RICHARD W. MIZERSKI, Q. Would you include part of your campaign? A. Television advertising 270 Ph.D. - EX BY MS. COLEY television advertising might be useful. I think probably the -- what I've seen, ~t least in my research and what appears to be a fact of it having an impact is publicity, making it newsworthy, making it come out of sources of what children can identify is clearly some messages from an adult. I think the more it can become newsworthy the more it can have an impact. Q. You mentioned the information about the health effects of smoking for teenagers doesn't seem to have as much influence on their smoking behavior as, say, the social aspects of smoking. Why is that? A. We're not sure why it is. People hypothesize that they're young and they do a cost benefit analysis, whether it be a real reasoned one in the sense that they really talk about it and think about it. I think probably all smokers go through the process of making some cost benefit analysis. But they weigh that aspect of health consequences less than people who are older and view the benefits much more strongly. Q. The benefits being the social smoking? aspects of

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 2O 21 23 24 25 yes . RICHARD W. MIZERSKI, Ph.D. EX BY MS. A. Social aspects and enjoyment of Q. Have you looked at any of the 271 COLEY smoking, information regarding what Mississippi has done to date to try and either get people to quit smoking or keep young people from smoking, from starting to smoke? A. I've looked at some of the information, yes. Q. Do you have an opinion on the effectiveness of what they've been able to do? A. My recollection is a concerted effort in the anti-tobacco movement has been somewhat recent up until -- not too many years ago individuals could get a pack of cigarettes no matter what their age if they had a note from parent or someone else. So, I mean, that right there is a problem, when you have distribution available to children. There has been, I think, an absence of a lot of programs in that area, in Mississippi, until recently. I know there are now some school-based programs. And presumably some others that I don't know about. So Mississippi has been a little bit late in this area, in terms of a number of issues, and &ppears now to be more sensitive to the importance of that. Q. Have you looked at anything that A. WILLIAM W~B~RTR. .T~_ . m A~R~CTn~Vm

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Florida's done? A. Yes. I lived time, and I've noted a lot of Ph.D. EX BY MS. 272 COLEY some interest in youth smoking and its impact. There have been school-based programs for quite some time as well as programs at the university level. And these would include not only tobacco but also alcohol. Because, increasingly, people are seeing that you have to have a reasonable message about all of these adult products. Q. What do you think is the best way to keep kids from starting smoking? A. It would depend on the age, once again, and again, a lot concerning the particular social strata they're in and the incidence of their parents and friends and everything else smoking. As I remember, your question is what's the most important thing? The most important thing, in the short run, is to make sure they can'.t get access to the cigarettes. Q. Have you reviewed the 1994 Youth Access in Florida for quite some the programs that they've had. Once again, the restrictions in terms of distribution is one that there's been a great deal more effort nowadays, particularly since there have been a number of different governors who have had

-i 2 3 4 5 6 7 8 9 I0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Law minors? A. I did review a smoking rates. Q. What A. RICHARD W. Ph.D. in Mississippi regarding sales MIZERSKI, 273 EX BY MS. COLEY I don't remember that report concerning of cigarettes to specific document. Mississippi and its and I in which your report? There was some -- I reviewed -- don't remember the document, but it was one it sort of tracked the incidence of smoking. Q. The next sentence in Paragraph 3 of expert statement says that you may also offer opinions on various forms comment on the Mississippi. What of tobacco promotion and remedy proposed by the State of the State is the remedy proposed by of Mississippi that you have reviewed? A. I've looked at the Complaint, and in there is what I would characterize as aremedy. But, in essence, it isn't really a very objective remedy. It simply says that you will stop all efforts to sell tobacco and cigarettes to people under age. I didn't see that there were -- that's the.best I could characterize it. Q. The next paragraph says that you may also be asked to comment upon th@ opinions expressed by A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 "6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. other experts in this case and which they rely to the extent opinions are within the scope Have you read any the that 274 EX BY MS. COLEY evidence upon such evidence and of your expertise. deposition~ which.have been taken in this case A. Yes. Q. Which ones? A. Well, I'm not of Plaintiff's experts? sure of all of the who are experts in the Mississippi trial. Q. Well, which'expert depositions read? A. I've read Marvin Goldberg, Rick Krugman, Fischer. That's the I have at Cummings, people have you Pollay, best of my least would view as a defen_da~le position on the effects of these various marketing activities on youth smoking. MR. YERRID: Can I have that read back? believe that he has the or, as reflected, I think a -- what I on smoking uptake among influence advertising and its adolescents? A. I don't background recollection of the ones that reviewed parts of. Q. Do you think that Dr. Cummings, as an epidemiologist, is qualified to give the opinions he gives regarding this issue of marketing and

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. RICHARD W. MIZERSKI, COLEY: Can you read as follows: MR. YERRID: BY MS. COLEY: (The last Ph.D. EX BY MS. that answer back? 275 COLEY answer was read by the reporter "A. I don't believe that be'has the background or, as reflected, I think a -- what I would view as a defendable position on the effects of these various marketing activities on youth smoking.") Thank you. Q. Dr. Mizerski, in your opinion what is the best way to test or measure the effectiveness of advertising? A. Well, advertising has a broad array of objectives and things you're trying to do with it, and it would depend on the strategy we're going after and, really, the appropriateness and the capability of that strategy to be successful. So it would depend. There wouldn't be one specific way. I've used a number of different ways to evaluate the performance of advertising and sales promotion. And again, it would depend on the product type and the individuals you would .~@ .going after, their background, reasons they're purchasing, product life cycle. Again, whatever I say about tobacco would

1 2 3 4 5 6 7 8 9 I0 ii 12 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. apply to any consumer packaged good. Q. Can advertising, in any 276 EX BY MS. COLEY instance, ever bring somebody into a product category as opposed to a brand purchase? A. In and of itself, probably not, but it can have -- it can help bring someone in in certain circumstances. Q. Can you give me an example? A. The introductor~ phase, for example, of a -- of the product's life cycle. Those are cases in which it can help develop distribution. It can get people aware of what the product is, where they can buy it, sort of where it fits into their life-style. MR. YERRID: Off the record. (Discussion off the record.) (Recess taken.) BY MS. COLEY: Q. Dr. Mizerski, you said that you had looked at Mississippi's youth access law. a planmin~g on -- think I said I looked at the I looked at the document that Are you A. I don't youth access law. talked about rates. And .I.don't know if it's mentioned in there. I just had the opportunity just few days ago to take a look at it when I requested

1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, that information. Q. Have you law restricting sales A. Not yet. I'm aware of, through sends me, about some access. Q. In looking at the trial? A. Yes. Q. Do you plan on regarding that youth access in keeping kids from buying A. It would depend Ph.D. 277 EX BY MS. COLEY looked at Florida's youth access of cigarettes to minors? But I'll be lookin~ at that. the newspapers that my mother of the programs now to cut down the Mississippi case, do you plan on actual youth access law prior to offering any opinions law and its effectiveness cigarettes? on -- on what the youth access law suggests. I don't have any anticipation at this point. My position has always been that you need to restrict access to legal-aged individuals. Q. Do you have an opinion on the most under the effective way to restrict access to people age of 18 from purchasing cigarettes? A. Well, it happens at the store. It happens at the distribgtion. And I am aware that there are various sanctions in various states in the United States about how -- fines that might be

3 4 5 6 7 8 9 i0 ii 12 13 14 15 .16 17 18 19 20 21 22 23 24 25 1 2 278 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY involved and procedures one needs to go through in terms of making sure that the individual buying is the individual who -- you know, who has a certain age, and what sorts of identification wo~id be.used. Q. Do you have an opinion on the most effective way to have a store clerk comply with the restrictions on underage access to cigarettes? A. Well, it has to be enforced. In other words, there has to be some identification as to the age of the individual, and if they don't meet that age criteria, there should not be cigarettes sold or provided to those people. Q. What is the clerk's incentive to not cigarettes to the person under ~age? A. It would depend on the state we're talking about. As I remember, Florida, there are some rather severe fines. And there may even be efforts to take away their license to sell that particular product. Q. And that would be a punishment for the owner of the store. Right? A. Well, oftg~.you'11 find that the owner is o- if we're talking about small convenience stores, may often be the individual who is a clerk sell or

5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 279 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY a part of the family. That adds, even if there isn't, the restriction of taking away of selling that product or perhaps alcohol or perhaps some other adults-only product is one that is often'passed along. In other words, if that is a restriction to stop selling that product, there is an effort made by the store manager or the store owner to make sure that the clerk complies with it; otherwise, they're in danger of having a significant portion of their income taken away. Q. Would that be a more effective means of restricting access than, say, just punishing the clerk for selling the cigarettes? A. I would have to take a look at the performance of each. I think probably the first line would be the clerk. But if there are repeated offenses and it appears that all they do is put a new clerk in, then -- then perhaps some other restrictions may be looked at. I don't know the incidence in which that happens. I think it has to be one in which -- well, you would have to take a look at the historical data. MR. MCDERMOTT: Let ~9.interject here. I have no objection to your pursuing this line of questioning. I would point out that we have offered Dr. Mizerski A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 .6 7 8 9 i0 ii 12 13 14 15 16 RICHARD as an expert in advertising, not on the law enforcement, 280 W. MIZERSKI, Ph.D. EX BY MS. COLEY marketing and promotion, and the allocation of responsibilities between state officials, store owners, clerks and others, while he may have personal views, is not something upon which we intend to offer him as an expert. But feel free to pursue this if you wish. MS. COLEY: Let me ask you this: If he's going to review the Mississippi youth access law, the actual statutes, and he's going to offer any opinions regarding that youth access law and its effectiveness or ineffectiveness, then I think that I should continue with my questioning of him. If he's not going to offer those opinions, then I'll leave it alone. MR. MCDERMOTT: Well, I don't want to cut you off, I don't want to let you fail to explore any question that you think is worthwhile. Again, I think that Dr. Mizerski has indicated that enforcement and denying access has an impact on reducing youth smoking in contradistinction to restrictions on advertising, marketing and promotion. To that extent, he will comment Qn. the relative importance. Beyond that, he will not be eQaluating the efficacy of one sort of law as opposed to another or one sort A. WILLIAM ROBERT~ .7~ ~ n~cTn~e

7 8 9 I0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. 1 of enforcement program as opposed 2 will not 3 that law 4 Mississippi or elsewhere. 5 MS. COLEY: Okay. 6 Q. Dr. Mizerski, in cigarettes to kids under the that it would be effective to make cigarettes by the minor illegal? A. I haven't really made this point. I am aware -- again, 281 EX BY MS. COLEY tO another. He be suggesting regulatory changes in the way enforcement or other programs are arrayed in denying access to age of 18, do you think possession of a decision on it at simply from reading Q. Are you aware or have you read any articles regarding, quote, "sting operations" which have been conducted to see if youth access laws are being enforced? A. Yes, sting operations are popular, actually, throughout the world. They're actually have to take a look at the first line of defense, which is simply selling it to the children, to underaged individuals. The next stage, I just haven't made any determination of that yet. the newspapers -- that there have been some efforts in Florida to fine those individuals or even potentially take away their driver's license. I really don't have an opinion on that right now. I'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 25 RICHARD W. doing the very well. operations. 282 MIZERSKI, Ph.D. EX BY MS. COLEY same kind of thing in Australia as Yes, I'm aware of those sting Did you say what my opinion was? Q. I'm about to ask you. Do you think that those sting operations are effective in aiding in the denial of access to cigarettes by people under the age of 187 A. I haven't seen anything about the success of sting operations for cigarettes. I think there's a general -- I just have a general question about the operation of sting operations in whatever issue you're talking about. I really haven't seen any success out of those -- not saying they're unsuccessful, and I don't have but they certainly are questionable, any determination whether they're effective or not. Q. Do you think that if a store is aware that the local police occasionally send in people under the age of 18 to attempt to purchase cigarettes, that they would be more likely than not to not sell. cigarette~,.~Q somebody under age for fear of being cited? A. That's an empirical question, and I think A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 283 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY what one has to do is take a look at that issue. To the extent that there is available evidence, one ought to look at it. I have no access to that. I have had no access to that evidence, so I really couldn't make a determination as to whether it would be successful or not. Q. You stated previously regarding Dr. Cummings that you felt, realizing the record speaks for itself, that he might be kind of out of his area when it comes to advertising and its influences on smoking uptake and in adolescents. Do you think that in order to evaluate this area, that the expert needs to have expertise in the area of marketing and advertising and training in those areas? A. Yes. It's a very complex area and one that -- it takes me quite a few years to teach my students how marketing works, advertising works, interplay, the impact of product category, product life cycle, target market. It's a very often counterintuitive information. very important to have training, and experience as well. Q. You mean by "counterintuitive" layperson might complex and So I think it's hopefully some what the think, if not necessarily the way it A. WILLIAM ROBERTS. JR.. & ASSOCIATES

1 2 3 4 5 6 7 8 9 I0 II 12 13 14 15 16 18 19 20 21 22 23 24 25 is? RICHARD W. MIZERSKI, Ph.D. 284 EX BY MS. COLEY A. Absolutely, yes. Q. Are you going to be giving any opinions in the Mississippi case regarding the history of the health effects of smoking being communicated to the citizens of Mississippi? A. I don't believe so. Q. Are you going to be Mississippi offering any opinions in the State of regarding mass communications generally? A. I would imagine I'm going to be talking about mass communications as it has to do with advertising and cigarette promotion, but in general I -- that hasn't been something that's been discussed or that I anticipate. Q. What about in the State of Florida, regarding the communication of the health effects of smoking to the citizens of the State of Florida? A. Well, in both cases I may, at some point, talk about the process of communication, so to the extent that that's general. But it might be useful to talk about, for example, how communication is interpreted and the whol@ process that we know about. But beyond that I;m n~t sure how it will be used. I'm sure it will be ultimately focused on the

-I 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 21 22 23 24 25 285 RICHARD W. MIZERSKI, Ph.D. o EX BY MS. COLEY area of cigarette advertising and promotion, and how that is part of the communication process, and how that there are many other factors, such as health information, that are communicated by many other sources. Q. Doctor, do you think it would be essential for the State of Mississippi to have -- not sure how to phrase this question -- more money than they have now to put towards anti-tobacco efforts to counter the messages that are received from cigarette advertising information? A. Well, I'm not aware of all the dollars that are spent. I think what I tried to suggest before is that I'm simply pushing dollars and hiring agencies and developing anti-tobacco messages may not be as effective as using other sources of information. Changing the general climate and its acceptance of cigarette smoking. A lot of that seems to be very effectively done by the mass media, just an astute, I hope, their advantage. in terms of news reports and other things. You know, marketer would try I've seen that with advertising. Reallyt.,ig.appears. it's publicity surrounding jackpot levels or that seem to be much more potent. to use that to lottery a °o a other factors

1 2 3 4 5 .6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 286 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY Q. Do you think that restrictions on where person could smoke aid in the social environment in which a kid might decide to take up smoking? MR. MCDERMOTT: Object to the form of the question as vague. If you can answer it, feel free. THE WITNESS: Potential, for example, I'm aware when there were efforts to -- to impose restrictions on where people could smoke in various states. This became newsworthy. And to the extent this is a something that we talk about and it becomes newsworthy, et cetera, and really uses forms that are really much more credible than advertising, whether you're talking about anti-tobacco or tobacco, that can smoke person can example, that a kid would be exposed And I understand which they live, general public? in could certainly augment the strength of the message or the ultimate impact. But I haven't seen any information that would suggest those restrictions, and of themselves, had any influence. BY MS. COLEY: Q. Do you think that restrictions on where a lessen the number of people, for to to smoke? that depends on the environment in if their parents smoke. But in the

1 4 5 6 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 287 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY A. Well, beyond what I was saying before, that how it might have a general -o affect a general tenor about how society views smoking. But I o- I'm trying to think of those areas in which children would smoke and whether they would be restricted, and I guess I'm at a bit of a loss as to where that might be. Generally, it would be in the home or it would be in the backyard or in the basement or in the park. And I -- I would imagine most of their smoking is done in areas where it isn't regulated, nor could it feasibly be regulated, unless you stop people from smoking anywhere. Q. Do you think that if a child grows up in an environment in which it is socially unacceptable to smoke cigarettes, that they are less likely to take up smoking, all other things being equal? A. That's pretty broad, what the environment means. But clearly, if you're talking about each stage in the various social -- socialization agents, we might say -o for example, if the parents don't smoke at a very early period and, later on, if their friends don't smoke -- in fact, if ~ha~'s what you're talking about in terms of. an environment, it certainly is one in whichit has been shown has some impact on whether they smoke later in life.

1 2 3 4 5 "6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 288 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY MS. COLEY: Before we mark this as an exhibit, I'm going to ask you, I think this was supposed to be produced. This is the Project 16 from Imperial Tobacco. MR. MCDERMOTT: Let me look at it here. MR. BEACH: Do you mind if I talk to -o MS. COLEY: No. MR. BEACH: Can we take a quick break? MS. COLEY: Let's take a quick break.. (Recess taken.) MS. COLEY: We'll go ahead and mark Exhibit 21, which is called "Project 16." (Mizerski Exhibit No. 21 was marked for identification and is annexed hereto.) BY MS. COLEY: 0. marked as might be a Not that about what's been Doctor, I'm going to show you Exhibit 21 to this Do you recognize (Time lapse.) I don't readily -- deposition. that document? not right offhand. It Canadian document or something like that. I can readil.y.!dentify. Q. Okay. I won'~ asM you any questions it.

1 2 3 4 5 6 7 8 9 i0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. I want you to mark And I may have grouped this wrong, information from Dr. Pollay, some some copies of ads from the '50s and '60s. (Mizerski Exhibit No. 22 was marked for identification and is annexed hereto.) BY MS. COLEY: 289 EX BY MS. COLEY this as Exhibit 22. but it's some correspondence, Q. I show you what's been marked as composite Exhibit 22 and ask you if you recognize that. (Time lapse.) A. Yes, I do. I ihought, as I said yesterday, there were some other o- additional material I may have received from Professor Pollay. Yes, I remember this. Q. And why did you produce that to me in response to the document request? A. Well, this was some correspondence I had from one of your witnesses, and since I was aware of -- or at least could allegedly be aware of some early ads, et cetera, I thought it would be useful to provide you with thi~..~formation. Q. And did you request that information from Dr. Pollay?

1 2 3 4 5 "6 7 8 9 I0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 might've -- debate. I appears that I must fashion. Q. And why recall? EX BY 290 MS. COLEY RICHARD W. MIZERSKI, Ph.D. A. Yes, I did. Now, I -- I'm trying to think when this I'm thinking of '92 is when we had our think. So I don't remember. "But it. have requested this in some did you request it, if you A. Because I'm interested in the think -- I would be speculating, but I do had a videotape called something like "A Lies." Might have been around that. very interested in the overall o- the area. I remember he Pack of As I said, I'm cigarette advertising. Advertising, basically, of alcohol, lottery, music, various other kind of product categories that would be sort of physiologically based. So I really can't say specifically why I did it, but it was because I was interested in advertising, and he has a lot of old ads. MS. COLEY: I'm going to mark this as Exhibit 23. And it's a media release, and it has a picture of Joe Camel and Mickey Mouse on the front. (Mizerski .Exhibit No. 23 marked for identification is annexed hereto.) was and

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 25 BY RICHARD W. MIZERSKI, Ph.D. EX BY MS. MS. COLEY: Q. Doctor, I'm going to show you marked as Exhibit 23. Do you recognize that document? A. Yes, I believe so. 291 COLEY what's been Q. And what is that document? A. It's one of several media releases I've -- I've seen. Q. For what? By whom? A. Well, this is for -- this is for the -- the -- some health agency, Heart Foundation. And I found it interesting because here is something that went as far as Florida I've been collecting, as I even before the Joe Camel project, or at least started Joe Camel project, and Joe Camel project being the Journal of Marketing article I did, and the use of Joe Camel and the tie-in with Joe Camel and Mickey Mouse and how the news media is dealing with this particular issue, and the prevalence of the use of Joe Camel for a number of purposes, potentially being used would be an being even Q. for anti-tobacco use. The potential for Joe Camel anti-tobacco purposes? A. That's correct. Q. Do you think that Joe Camel did A. WILLIAM ROBERTS. JR~. ~ nSS~

1 2 3 4 5 -6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 292 MIZERSKI, Ph.D. - EX BY MS. COLEY anti-tobacco campaign RICHARD W. effective spokesperson for an directed at kids? A. " I'm not sure that's the way it would be used. In my Journal of Marketing articl~, I alluded to the fact that it had been used in anti-tobacco campaigns. Most recently, Lucy Henke has done an article in '96, I believe, or at least a proceedings, concerning the use of Joe Camel in anti-tobacco efforts, in particular by parents and some other socialization agents. And, of course, anytime there is any discussion of tobacco in a news media, almost invariably it's Joe Camel, and sometimes also the Marlboro Man. So there's an incredible amount of exposure of Joe Camel, whether it be in cartoons, characterizations, political cartoons, on broadcast, and it's extremely pervasive, and wanted to be able to kind of talk about that process. Q. How does Joe Camel work in the anti-tobacco area, how does it aid? A. Well, apparently it's -- it's an imagery that has now become sort of like the black beast of the anti-tobacco forces, and I guess individuals who have a negative feeli.~g, about tobacco, particularly cigarettes. And as I laid out in theory that I have, I explored the fact that for some individuals,

1 2 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 293 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY probably those people that are nonsmokers, that Joe Camel can be a stimuli that prompts them to think even more negatively about cigarettes and tobacco, and certainly Camels. be Q. At what age would that be most likely an influence in the anti-tobacco area on kids? A. Early years. Although this particular one, I don't know the purpose of it right here except to sort of broadcast the findings in this particular study, because it talks about the 1991 Joe Camel, and it discusses a little bit about the Fischer study. But it -- I Sorry. MS. COLEY: ' sort of lost your question there. reporter as THE WITNESS: the younger I think, has adults and reinforces What was my (The last follows: "Q. At what likely to be anti-tobacco Well, it kids. But to a very question? question was read by the aren't smoking~ their negative age would that be most an influence in the area on kids?") would be the younger children, it could go beyond kids. It, strong effect on people who are And to the extent that it affect toward the cigarette A. WILLIAM ROBERTS. JR.. & ASSOCIATES~

1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. category and that is then passed along on to children, then that can be an effective use. 294 EX BY MS. COLEY Ilm not suggesting he should be used as a spokesperson, but it does appear that he is being used by the anti-tobacco people, and theoretically there appears to be a reason for doing that. BY MS. COLEY: Q. But, I mean, in order to use Joe Camel aid in anti-tobacco messag6s to kids,.you need a catalyst for that, you can't just do it with Joe Camel on its own. Right? MR. MCDERMOTT: I object to the form of the question. Vague. BY MS. COLEY: Q. I mean, for example, if Camel with a cigarette in his mouth, a kid sees Joe he's not going to think that's an anti-tobacco ad, butif he says something to his mom about it, who's a nonsmoker, then she can facilitate a discussion with the child. Is that what you're talking about? A. I can really give you. anecdotal evidence. After being the author of my Journal of Marketing study, a numberof friends, students, colleagues talking about how they did an exercise tO A. WILLIAM ROBERTS, JR.± & ASSOCIATE~

1 2 3 4 5 6 7 8 9 i0 12 15 19 20 22 24 295 RICHARD W. MIZERSKI, Ph.D. - EX BY MS. COLEY where they provided a particular turf, Joe Camel, to the children and asked them, "What do you think?" And all of the feedback has been very negative from those children. Again, that's anecdotal: But I'm just providing you the little information I have had and the sketchy information I have had. But apparently it has prompted rather negative feelings on the part of children. MS. COLEY: Can I take about five minutes? MR. MCDERMOTT: Sure. (Recess taken. BY MS. COLEY: Q. Dr. Mizerski, In Exhibit 22 copy of a partial newspaper article. I you received it that way. Can you tell me about that? A. Well, it's part of one, I'm afraid, so it just didn°t -- they didn't copy the whole thing. Q. Do you think you have a copy of the whole thing? do. there was a don't know if A. I'm sure I do. Well, I would imagine I Q. Would you possibly A. I'll probablyhave send it? to go home and, you couldn't really tell know, dig it out, because I A. WILLIAM ROBERTS JR. & ASS IA

1 2 3 4 5 6 7 8 9 i0 Ii 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 RICHARD W. MIZERSKI, Ph.D. anybody to look for this unless probably I would need to get could match it up. MR. YERRID: document and appreciate it. THE WITNESS: MR. MCDERMOTT: of this page. MS. COLEY: That Q. Dr. the advertising 296 - EX BY MS. COLEY I was there. And a copy of this so I If you go back, just retrieve the.whole send it at your convenience, we'd Sure. If we can just get a reminder copy will be fine. Mizerski, have you done a review of restrictions that have been implemented in other countries? A. Yes, I have. Q. Which ones have you looked at? A. Probably all of them. The reason I say "probably" is these change monthly at some sense, whether we're talking about the use of price or warning labels or restrictions on distribution or whatever. But I have a pretty good view up to, I'd say, sometime in '95 or '96. Q. Do you think that the price of a pack of cigarettes can deter people from smoking; for example, if it's way too expensive? A. In and of itself, it may not. There may

"i 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RICHARD W. be such factors as the income level this. I'm aware in some countries, 297 MIZERSKI, Ph.D. EX BY MS. COLEY that could offset for example, price went up, and they shifted to different brands, presumably believing that "if I'm gonna pay that amount of money, I might as well get this brand or that brand." So one has to be careful to take a look who smoke in the State of Mississippi? Yes. I believe that was in the -- the offer, or whatever that document is at some other factors that might account for it. Q. Have you looked at the demographics of the people A. health risk called. Q. The youth risk -- A. Youth risk. Q. Have you looked at the demographics of the people who smoke in the State of Florida? A. Yes. Q. In your study and review of advertising bans and restrictions worldwide, is there any instance in which you feel an advertising restriction or an advertising ban was effective in lowering the incidence of youth-smoking initiation? MR. MCDERMOTT: Those are two questions. do you want him to answer? Which one BY MS. COLEY: A. WILLIAM ROBERTS, JR., & ASSOCYAT~S -

1 2 3 5 .6 7 8 9 i0 ii 12 13 14 15 16 19 21 24 2~ RICHARD W. MIZERSKI, Ph.D. - EX BY MS. Q. Let's start with advertising restrictions. Is there any country that has an advertising restriction which has shown effective in reducing the youth initiation A. I'll say no. Although there should been some studies that report that it did. reanalysis of that data or further work on the article appears that it was not accurate. 298 COLEY implemented to be rate~ have But reviewing Q. The studies that report that the advertising restriction has been effective on lowering youth initiation rates, why has that not been accurate? A. I can't cite a specific one. There aren't many. And, of course, these analyses sometimes cover the '60s or the '70s or a period from the '50s through the '90s. It would really depend. Some are studies that look at a before and an after, others look at longitudinal data. You know, there are very, very many studies. I'm sure there's probably close to maybe 50 or more studies that have been done on this area, maybe more, and so it's very hard for me to remember ~pecifically the rationale why. But they are certainly in the minority and tend to have problems in terms of -- study A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 I0 II 19 21 24 2g I the problems. Q. A. 299 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY think that was your question, what are Yes. -- accurately measuring tobacco use. Sometimes they'll be based on just bulk tons or some amount of tobacco over time. Often they'll be based on shipments instead of actual sales. Often the aspect of advertising may be based on figures that have since proven to be incorrect. Often they do not take into account other factors, such as maybe the income level of the social class or price of the product or other aspects that could account for it. Q. What is the best way, in your opinion, to determine whether or not an advertising restriction is effective on smoking initiation rates? A. Well, we talked about this a little -- a little yesterday, and I think my discussion at that point was I don't think there is one study. You know, there are -- there are a lot of studies out there, and I think we need to build on those studies. And it would take such things as a longitudinal data, first of all. Which means we don't -- we try to track.people through that whole time where they're doing 6he uptake. We -- to the extent we can accurately measure the various factors

1 2 3 4 5 6 7 8 9 I0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 300 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY that might have an impact on those individuals that we know already. So we need to put together a great number of studies to come up with an accurate evaluation. And in some cases we've come close to that, but very -- very few cases. The overall, certainly the mass that one looks at, suggests that -- and shows that advertising has no impact, restrictions have not had any impact in terms of influencing people to stop, that long-term trends have been around for quite some time. That if we look at other product categories, like alcohol, there was no advertising and advertising was introduced, sort of the opposite of what you're suggesting, but nothing happened to consumption or uptake. So really, again, sort of an analysis has be done, and I'm not sure one has been done yet. Q. Have you done a study of the anti-smoking iniative in the State of California andhow it's had an effect on smoking rates or smoking initiation? A. I reviewed the evidence in there, yes. Q. Do you have an opinion of the where effectiveness of the campaign in reducing smoking rates in teenagers? A. If you're just talking about the anti-tobacco campaign, you have to take into account tO

.i 2 3 4 5 6 7 8 9 10 Ii ~2 13 14 15 16 17 18 19 20 21 .22 23 24 25 301 RICHARD W. MIZERSKI, Ph.D. EX BY MS. COLEY the other factors that went into it. But it doesn't, in and of itself, a long-term phraseology longitudinal surveys. evidence, yes. Q. Have you looked at the effectiveness of the anti-smoking campaign implemented in the State of California and its effectiveness on smoking rates, smoking prevalence among adults? A. Yes. Q. Has, in your opinion, the California campaign been successful in reducing smoking rates among adults? A. The smoking rates have been going down for quite some time. Although, as I said, there have been some changes in the phraseology identifying smokers. One of the problems in the California area is that it does not incorporate some of the more -- what I would expect to be more profound impacts, and show it has had any impact. It was trend, and there were changes of and questions in the surveys) they're not So I have looked at that that would be just the whole changing in social acceptability in smoking, the vast amount of publicity that has gone on surrounding all of this activity. So I don't think there has been a good job taking that into account. So, in and of itself, it A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 "7 9 I0 II 12 13 14 15 16 .17 19 2O 21 22 23 24 25 RICHARD W. doesn't appear done it. MS. COLEY: I'm MR. MC DERMOTT: or start for MR. YERRID: 3O2 MIZERSKI, Ph.D. EX BY MS. COLEY that the anti-smoking campaign has done with the Mississippi Are we going to break.for a few minutes? It doesn't matter to me. I can for a few minutes. It will be disorganized, can ask -- MR. MCDERMOTT: Does it make as much for lunch now and then start? MR. YERRID: It makes some sense for me to get some preliminary questions. MR. MCDERMOTT: Okay. (TIME NOTED: II:00 A.M.) I declare under penalty of under the laws of the State of that the foregoing is true and Executed on at ........................ , deposition. lunch now start but I sense to break start and perjury Mississippi, correct. 1997, SIGNATURE bF THE WITNESS

303 1 2 4 5 6 7 8 9 10 ii 12 13 14 ~5 16 17 18 19 20 21 22 24 25 STATE OF CALIFORNIA ) ss: COUNTY OF LOS ANGELES ) I, LAWRENCE SCHUMACHER, C.S.R. No. 1454, do hereby certify: That the foregoing deposition of RICHARD W. MIZERSKI, Ph.D., was taken before me at the time and place therein set forth, at which time the witness was put under oath by me; That the testimony of the witness and all objections made at the time of the examination were recorded stenographically by me, were thereafter transcribed under my direction and supervision and that the foregoing is a true record of same. I further certify that I am neither counsel for nor related to any party to said action, nor in any way interested in the outcome thereof. IN WITNESS WHEREOF, I have subscribed my name this 16th day of May, 1997. LAWRENCE SCHUMkCH~R, C.S.R. NO. 1464 A. WILLIAM ROBERTS, JR., & ASSOCIATES

1 2 3 4 5 6 7 8 9 i0 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDE Stipulation DIRECT EXAMINATION By Ms. Coley Signature of Deponent Certificate of Reporter X Page 223 223 302 303 304 A. WILLIAM ROBERTS

1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBITS PLAINTIFF'S MIZERSKI EXH. 21, Copy of "Project 16" report .......................................... MIZERSKI EXH. 22, Copy of August 16, 1991 letter ~o Prof. Dick Mizerski from Prof. Richard W. Pollay, and other documents .......... MIZERSKI EXH. 23, Copy of Joe Camel and Mickey Mouse ad, and other documents ............ 305 Page 288 289 290

In r¢~ Mike Moore, Attorney General Mlssis$1p! Tobacco Litigation $ $1 267:13 1 1 224:2 10 230:25;251:2;260:11; 261:17. 22 11:00 302:14 12 261:22 13 261:Z2 14 261:221262:20 15 251:21261:221262:20 19 263:25; 288:3, 12 18-year.old 263:14 17261:22 19 229:23; 262:4, 5, 6, 16, 21, 24; 263:8,10,121 264:24; 367:161277:211 281:71282:9, 21 1991 293:10 1994 272:25 1997 302:18 2 241:21247:7 20 263:8; 264:24 20-year.old 263:11,12 20-year.olds 262:32 21 250:14;288:11, |5, 18 22 252:151289:1, 5, 101 295:13 23 290:20, 23; 291:~ 24 262:6 2~ 262:7 3 3 273:10 30 264:3, 16, 24 90 233:101251:9; 298:21 SOs 289:4; 298:17 55226:15 6 60 260:18 60S 289:4; 298:16 7 7 262:20 7-Eleven 258:7 70s 298:16 905 298:17 ~ 296:21 9~ 292:7; 296:21 &.M 302:14 abillW 255:6 able 237:171242:8; 251:221271:101, 292:16 abeene~ 271:18 absolutely 234.-9, 24; 265:211284:2 acaclemka 229:2 acceptability 301:22 acceptance 285:18 access 272:23, 25; 276:19, 22; 277:2, 7, 9, 13, 16, 18, 20; 278:7; 279:.121 280:9, 11.20; 281:6, 22; 282~; 283:3, 4 accordance 223:4 account 229:5; 297:7; 299"10, 121 300:25; 301:25 accurate 298:9.13; 300:3 a,'cumtely 299:4. 25 across 244:121248:20; 252:6 act 257:21 activities 274:24; 275:8 activity 230:8; 301:24 actual 231:15; 277:9; 280:9; 299:7 nctuatty 269:11; 281:25, 25 ad 245:181263:7; 294:18 additional 226:161 address 226:20 adds 279:1 admit 253:5 adolescents 254:15; 261:12, ! 5,171274:20; 283:11 etde 247:141289:4, 22; 290:19 adult 262:2; 270:8; 272:14 adulthood 269:18 Adults 229:23; 293:24; 301:10,14 aduff~-only 279:4 advertise 225:10, 10; 250:6; 251:5, 171252:3 acivartl~d 225:4; 232:12 advartl~m~nt 239:25; 240:.5,9, 14, 16 adver'Uso~ 251:20 adv~rti~ing 224:6,9, 151225:8,151226:3,1|, 13, 14, 23; 227:2; 228:21; 229:15,16,19, 211230:151 231:3, 2112~6:2, 2I; 237:7,11, 20, 25; 238:15; 239:5; 241:4,1 l, 171 242:1, 5, I1,161244:111 245:5; 2,16:8, I|, 16, 211 247:2,9,12, 23; 248:13, 18, 20, 22; 249:1,191 250:2, 8, 23; 252:11; 253:11, IZ 19,19, 211 254:9,12,13,17,181 255:6; 256:191257:24; 259:171261:111262:231 263:131264:5,7,12, 181 265:3, 7, 10, 12,15,18, 24; 266:3; 267:17; 270:1, 31274:191275:13,14, 211 276:2; 280:1, 22; 283:10, 14, I8; 284:131285:1, 23; 286:13129~.14,1,1,191 296:121 297:18, 20, 211 298:1, 4,111299:8, 141 30(X.7,12,12 m~vlee 225:12 aff~t 287:2; 293:25 ~t~l 254.~ ntrak1295:17 AG 235:6, 7 again 248:23; 269:161 272:4,17,181275:22, 25; 280:181281:111295:4; ~00:15 e~tlnct 268:6 a~a 231:6; 250:7,14; 261:14,15,15.19, 23, 25; 262:2, 23; 267:10, I51 271:141272:171273:211 277:211278:4,10, II, 281:7; 282:9, 21, 23; 293:5,18 agencies 229:4, 7,161 285:15 agency 228:24; 229:151 291:11 agents 287:191292:10 e~e$ 262 14,19 sggre~tte 247:21 ago 261:9i27I:1~; 276:25 agree 236:14 agreeable 235:21 egroelrm~t 255:10 ahead 235:10; 258:18; " 288:11 ski 267:8; 286:2; 292:19, RICHARD W. MIZERSKI, Ph.D. VoL 2, April 30, 1997 294.4) aiding 282:8 aJmm:1226:141268:20 alcohol 241:251247:4; 248:171249.~, 12, 15; 272:121279:31290:141 300ell Alcoholic 24~.16,19 alle~ad~/289:2t allegiance 24~.23 aliocetion 28~.2 allow 234:6 aducled 292:4 almoM 237:13; 292:11 aione 280:.15 along 227:1712~:23; already 223:21; 264:211 300:2 although 230:2; 235:25; 262:16; 265:141267:t; 293:7; 298:6; 501:16 always 2~0:161268:2; ~'7:17 smblgtmus 261:18 among 223:3; 274:191 ~01:10,14 amount 244:171256:22; 257:25; 259:2; 292:131 297:5; 299:61501:22 analym 226:7; 298:15 anelysle 225:131233:23; 2"/0:17, 20; 300:I 5 analy'~d 227:2 anecclete1294:22; 295:4 An~e~ ~0:8 annesad 288:15; 289:7; 290:25 announcamonte 245:6 antl-smo|dng 245:]8, 24; 246:7, 1]; 266.~, ]3; 268:7; ~)0:]7; 301:8; ~02:1 23; 292:1, 5, 8, 19, 22; 293:6, ~0; 29~:5o 9, 18; :300:25 anticipate 248:14; anybody 2~:3; 296:1 any~|mo 228:14;292:]0 anyv~y 225:24 anywhere 260:.181 287:12 apparently 292:20; ~95:7 appear 247:5; 264:9: 294:41302:1 appears 266:24. 25; 270:51271:231279:17; 285:23; 290:5; 294:5; 298:9 appb/276:1 appreciate 296:6 appreciated 235:25 approach 234:21; 268:22 appropriate 229:6; 234:3; 236:3, 8; 245:19, 20, 211269:24 appropriateness 233:18; 275:17 approxin~tel~ 252:15 area 228:121233:9; 234:22; 235:20; 241:13; 247:16; 248:7; 252:8,14; 253:181257:22, 23; 259:211262:20; 271:19. 22; 283:10,13, 14,161 285:1; 290:9; 292:19; 293:6, 20; 298:22; 301:18 amae 230:2; 258:24; 283:151287:4, lO argued 256:16 argument 227:22 around 260:111290:121 300:10 army 232:7; 250:20; 275:14 arrayed 281:3 article 291:161292:4,71 295:141298:9 articles 281:21 nsp~q 270:211299:8 esptmte 269:13, 161 270:14, 24; 271:11299:12 a~sist 228:20, 25; 229:11 Assimnt 237:10 assisting 225:9 associated 225:211 230:19 assume 243:10 assumed 230:18 assu~es 236:13 assumption 258:9; 263:10 estate 285:21 atmosphere 256:4 attempt 282:21 attention 234:191239:17 Attorney 232:161233:25; 234:1; 235:4; 236:20; 237:6, 9, 10 attomeye 225:3, 25 audience 229:121 18, 20; 231:31238:15; 254:21 audiences 269:1 t augment 286:15 augmenting 267:4 Australia 282:1 author 294:23 available 250:21~ 271:17: 283:2 aware 241:11; 244:11 245:11, 13, 14; 248:5, 9, 211276:12; 277:5, 23; 281:11, 20; 282:3, 191 A. WIJJ.IAMROBERTS, j-R. & ASSOCIATES Mln-U-Script~

In r~.. Mike Moore, Agtorney General RICHARD W. MIZERSKI, Ph.D. M~ssissipi Tobacco Litigation VoL 2, April 30, 1997 256:24; 257:14; 289:13; 276: I consumers 233:21; 244:15 ¢onaumpUon 249:1, 20; 300:14 contact 233:12 context 235:9; 241:20 continue 280:13 continued 268:3 CONT|NUING 223:17; 266:4 contract 227:21, 25; 228:4 contrectom 262:18 ©ontrsdlstinntion 280:21 controversies 242:3 convenience 278:24; 296:5 copies 289:4 copy 295:14, 18,19, 296:2, 8 correspondence 289:3, 19 cost 269:10, 270:16, 20 couldn~ 283:5; 295:25 Counae| 223:3; 234.'9, 14, 24; 235:17, 18, 24 Councet'e 235:1; 239:17 counter 258:8; 285:10 counterintuitive 283:21, 24 countries 296:13; 297:2 country 248:7; 298:3 course 250:18; 292:10; 298:15 courtesy 234:23 cover 233:10; 298:16 coverage 225:24; 226:4, 6, 16; 232:23; 233:13 covering 233:8 crsstNe 226:17; 230:6; 268:9; 269:2 credible 286:13 criteria 2"/8:11 critical 245:10; 258:3 Cummings 2/4:13, 16; 283:8 current 242:15; 243:1 currently 243:17 cut 27"/:6; 28o:16 cycle 254:25; 255:8, 18; 256:11, 14; 2/5:25; 276:10; 283:20 D danger 279:9 dangerous 245:7 data 225:14: 229:4,16, 17; 231:16, 18, 19; 232:5, 7; 244:17; 279:22; 298:8, 19; 299:22 date 233:5; 271:4 day 264:3. t6 days 264:3, 16; 276:25 d~t1227:13; 235:16; 241:14; 252:9, 24; 253:3; 258:22, 23; 259:6; 272:5 dealing 267:23; 291:18 dseia 225:22 dealt 2~0:.7; 235:15 debate 2~:2; 290:4 deceptive 22/:% 9 decided 248:22 decision 230:15; 9,281:10 deciem ~02:15 decline 255:20, 23; 256:14,17,17, 22 dectlned 255:13 defend 237:6 defendable 275:6 Defendents 235:18, 22 defense 254:24; 281:16 deflns 261:13,14 definitely 230:25 11; 262:1,8; 264:2 degree 256:3 delW/255:5 delivered 258:5 demographic 229:24 demographics 297:8,13 denial 282:8 denying. 280:20; 281:6 Oepartmont 224:24.25; 225:18, 20, 25; 22"/: 11 depend 241:8, 21; 267:9, 10,11; 272:17; 2/5:16, 19. 22; 27"/:15; 2/8:15; 29~:17 depended 237:16 Depend|ng 260:]5 depends 254:22; 286:23 deposition 223:4, 6, 10, 288:18;302:15 deposltiens 2/4:4,10 DERMOTr 224:13; 234:8; 235:21; 239:15; 242:19; 243:21; 250:9; 257:7; 258:16; 26;2:25; 266:21; 279:23; 280:)6; 28~:4; 288:5; 294:13; 295: ;0; 296:8; 29"7:23; 302:4, 9, 13 describe 233:7 design 267:15 designing 228:2! detail 253:23 deter 2~6:23 determination 228:23; 281:19; 282:17; 283:5 determine 299:14 determining 229:12; 256:9 develop 251:23; 276:11 developed 256:3 developing 285:15 difference 234:10; 258:20; 243:14 differences 231:11 dMemnt 231:7, 10, 243:7; 246:1; 258:23, 24; 263:4; 269:23; 272:7; 275:20; 297:3 differently 2~8:23, 24 difficult 243:11; 251:1; 263:25 dig 295:25 direct 226:12 directed 2~6:14; 292:2 dlrectlo~ 235:7 alrsctly 257:18 discuss 238:5; 242:2, 9 discussed 253:13; 284:14 discussing 228:10; 247:17 276:15; 292:11; 294:20;, 299:17 242:3 disorganized 302:7 dispute 228:1, 6 dlstdbutlon 230:7; 249:25; 256:2, 3, 21; 257:25; 259:16,16; 271:17; 272:5; 2/6:11; 277:23; 296:19 Doctor 236:2; 239:22; 285:6; 288:17; 291:2 doctrine 245:4 document 273:3, 8; 2/6:22; 288:19, 22; 289:18; 291:4, 6; 296:5; 297:11 • do~iar 233:10 doliars 232:3; 247:22; 248:1; 285:12,14 dons 226:23; 230:7; 241:6; 248:19; 253:18; 255:4; 257:17, 23; 259:11; 2/1:4; 2/2:1; 285:19; 287:1 o; 292:6; 296:1 l; 298:22; ~00:16, 16, 1~; 302:2,3- '" " down 247:24; 248:4; 251:14; 256:15; 26;1: 19, 25; 262:13; 277:6; 301:15 downtown 240:8 Dr 223:19; 241:3; 251:13; 2/4:16; 2/5:11; 2/6:18; 279:25; 280:19, 281:6; 283:8; 289,3, 25; 295:13; 296:11 drive 2~9:19 drNer's 281:14 drNers 239:18 driv~ 239:7 dub/223:14 during 237:23; 244:1; 260:3; 264:25; 265:16 E ~h 2~8:4; 242:7, 8; 2/9:.15;287:18 sed~r 263:25 cerlF 268:10, 25; 287:21; 289:22; 293:7 ~ 252:16 Economists 269.'9 effect 245:1; 251:23; 254:12; 261:1 l; 293:23; 300:19 eq~'tive 246:6; 253:21; 2~:17; 267:3; 277:20; 278:6; 279,1 I; 281:8; 282:8, 18; 285:16; 292:1; 294:2; 297:21; 298:5, 11; 299:15 effectiveb/252:24; 285:19 effectivecess 243:2; 2~:8; 271:10; 2/5:12; 2T7:13; 28~.11; 300:22; ~O1:7, 9 effects 270:12; 2/4:23; 2"75:7; 284:5, 17 efficacy :~0:24 effort 257:16; 2"71:11; 2"72:6; 2/~.6 efforts 245:24; 246:1; 2/3:20, 2/8:18; 281:12; 285:10; 28~:8; 292:9 either 23~.3; 265:14; 271:5 elaborate 238:17 else 239:1; 271:15; 2/2:20 elsewhere 281:4 emphasis 230:3; 231:5; 248:12 empirical 253:3; 282:25 enable 244:12 encourage 240:24; 246:10 endorsement 238:21, 24 endorser 239:9,17 -endorsers 238:9 enforced 2"/8:8; 281:23 enforcement 280:2, 19; 281:1,3 I enhance 240:22 enjoyment 271:1 enough 232:8; 265:17 entertainment 246:3; 268:21 environment 254:23, 23; 268:18; 286:2, 23; 287:14. 17,23 epidemiologist 2/4:17 equal 287:16 escapes 248:18 essence 2/3:19 essential 285:7 estimate 260:8 st 250:19; 28~:] 2; 289:22 evaluate 229:3; 247:8, 12;2/5:20;283:12 evaluating 248:14; 259:1 l; 280:24 evaJustion 300:4 Even 239:12; 246:6, 10; 267:23; 208:6; 269:4; 2/8:17; 2/9:1; 281:13; 291:14, 21; 293:3 every 257:2 everyone 252:22 everything 24]:6; 272:20 evidence 253:4; 265:21; 274:1, 2; 283:2, 4; 294:23; 300:20; 301:6 exact 233:4 exactb/228:13, 19; 237:13; 240:18; 241:13; 266:2 EXAMINATION 223:17 exempia 224:22; 231:2; 236:6; 237:19, 24; 239:24; 241:18; 242:4; 258:6; 259:20; 262: l l, 14; 269:9; 276:8, 9; 284:22; 286:7, 22; 287:20; 294:16; 296:24; 297:2 examples 241:23 except 223:7; 293:8 excess 226:15; 260:1 l, 17 excluding 242:2], 24 Executed 302:)8 executions 230:6 exercise 294:25 Exhibit 223:22; 241:1; 288:1, 11, 13, 18; 289:1, 5, 10, 290:20, 23; 291:3; 295:13 expand 255:6 expansion 247:21 expect 249:3; 252:13; 263:23; 301:20 expensive 296:24 experience 254:24; 259:18; 260:21; 283:23 experimental 264:5 expert 223:22; 224:25; 241:1; 247:8; 253:9; 261:10, 265:6; 266:6; 273:11; 274:10; 280:1,6; 283:13 A. ~ ROBERTS, JR. & ASSOCIATES M/n-U-Sc~I t~

In re: Mike Moore, Attort~-y Gcnga'al RICHARD ~g. blIZERSKI, Ph.D. Mlssissipi Tobacco Litigation VoL 2, April 30, 1997 insurance 224:24; 225:19, 21, 24; 226:1,9, 11 intend 253:23; 280:5 Interect~n 228:17 interactions 267:22 Interest 272:8 Interested 232:17; 254:8; 260:211261:241290:9,13, 18 interesting 291:12 intemnts Z34:18 Interact 234:8; 279:.23 Interplay 283:19 intarpra~tlon 229:17 Interpreted 245:181 263:,i; 284:23 into 228:1,161229:9; 230:15, 20; 2,11:251 251:241256:8; 261:19, 25; 269:17, 18, 22; 276:3,131 299:.101300:25; ~01:1, 25 Introduced 300:13 introduction 255:20 Introductory 255:13, 211 276:9 invariably 292:12 investigation 224.-9,12 involved 228:5; 235:12, 131252:25; 259:.111278:1 Issue 227:14, 20; 228:20; 229:15; 231:13, 23; 232:5; 233:15123,1:1; 235:151 236:6, 12, 131241:1`1, 25; 242:1, 10,141259:19; 27`1:181282:131283:11 291:19 Issues 22`1:51225:23; 226:211253:22; 266:16; 271:23 Itself 2,10:.11254:2,1; 276:5; 283:9; 296:25; 301:2, 25 J Jackpot 285:24 job 501:24 Joe 239:7; 248:10; 290:211291:14,15, 15, 17 17, 20, 22, 25; 292:8, 12, 14,18; 293:1,10; 294:8, 10,161295:1 Journal 291:161292:4; 294:23 justified 253:6 K keep 265:191267:16, 191 271:5; 272:15 keeping 266:22; 277:1`1 kid 286:3, 22; 294:16 kids 250:21252:12; 262:181266:17; 267:7, 191 272:161277:1`1; 281:7; 292:2; 293:6, 20, 22, 22; kind 224:191227:t51 230:.8; 232:7; 24,1:20, 211 268:211282:11283.'9; 290:.15; 292:17 kinds 226:171227:20; 2~6:51260:7; 26'7.'6; 268:8, 9 L labels 296:19 laid 292:24 language 239:16 lapse 288:20;, 289:12 large241:8 iant 27,4:2; 231:141264:3, 161265:5; 275:2; 293:16 la~ 256:121 269:171 271:22 later 251:25; 287:21, 25 law 273:1; 276:19, 22; 277:3, 9, 13, 16; 280:2, 9, I 1, 25; 281:3 laws 281:221 502:16 laypermn 283:25 lead 225:171252:5 leaflet 233:6 learn 266:19, 24 Ma~t 233:5; 260:.17; 264:2; 268:25; 270:.4; 27`1:1`11289:211291:14; 292:7 laave 28(k.14 legal 231.'612~0:7 lagst.~qled 277:18 legislation 230:22 lag~tlmnte 234:18 length 253:14 less 251:21 252:16,161 270:22; 287:15 lessert 286:21 letting 228:4 level 241:21, 24; 2`12:121 259:9; 266:1412"/2:101 297:11299:11 levels 285:2,1 license 278:18; 281:1,1 Lies 29~. 12 rite 251:25; 2~4:25; 255:7, ! 2, 17; 2~6:11, 1,1; 275:2,1; 276:10;, 283:20; 287:25 lite-sWla 276:13 likely 251:3, 15, 2,1; 282:22; 287:151293:5, 19 limited 267:17 line 279:.15, 24; 281:16 linked 259:17 liquor 248:21;249:1,`1, 5, 7, 14, 18, 23; 250:1.5; 251:3, 15,19;252:3,19 literally 260:15 literature 241:3; 242:7; 264:10 litigation 23`1:1`11242:23 Iittla 224:7; 225:11 232:1,11238:181239:22; 2`13:21; 255:8; 261:9; 269:1,t; 271:221 293:111 295:5; 299:16,17 Ilvo 286:24 lived 272:2 local 259:23; 282:20 incalltins 248:12 logo 239:.13 long 231:13,14 lone-term 300:9; ~01:3 longer 235:8 longitudinal 29~:19, 299:22;301:5 look 238:2; 241:24; 2`1`1:71245:22, 23; 247:13; 2`18:16; 249:121 255:21; 256:2, 2, `1; 276:25; 279:1,1, 22; 281:16; 283:1, 3; 288:5; 296:11297:6; 298:18, I~, 300:11 looked 223:22; 226:121 245:1`1; 247:22; 269:101 27I:3,7, 251273:17; 276:19, 2I, 22; 277:2; 279:191296:15; 297:8, 151 301:5,7 looking 226:5; 244:24; 245:20; 2`18:11,19; 250:23; 255:,11277:4, 9 looks 300:6 Los 240:8 loss 287:6 innt 293:13 lot 265:21; 271:18; 272:3, 18; 285:18; 290:19; 299:19 lotteries 231:20 lottery 224:23; 225:6, 131 228:20, 2,11229:.13, 22; 230:1, 15, 211231:6, 7, 9, 10, 23; 232:5; 236:6; 246:4; 285:22; 290:15 Lotto 231:12 lowering 297:211298:12 inyo1265:1`1 loyalty 2`10:221 265:15 Lucy 292:6 ionch 302:4, 10 M machine 227:24; 228:2, 12, 16. 16 machine~ 227:1`1,15, 16, 20, 22; 228:5 mailing 226:12 maintenance 265:23, 25; 266:,1 maks~ 234:101502:11 making 258:9; 270:6, 7, 20; 278:2 Man 292:13 manager 279:7 manuld 259:20;, 260:1 mantlf~tt,-*gurar 2,15:17, 17 manufacturers 258:21 many 256:5,161257:23; 260:8; 263:4; 271:131 285:3, ,11298:15, 20 mark 288:1,111289:11 290:.20 marked 288:14,181 289.'6, 9;, 299:.2,1; 291:3 market 230:1012,17:211 248:6; 250:.141251:I; 252:20, 23; 255:6; 283:20 mark,~4~1231:10,12 marketer 285:21 marketing 2~0:81236:131 2`11:`1,121 242:1112`17.41, 131252:25; 254:12,13,171 256:20;, 260:20; 261:111 262:1, 3, 8; 265:7,10,181 266:8,10,12127`1:18, 2,11 275:8; 280:.1, 22; 283:14. 181291:161292:4; 294:24 Markets 262:11,15 Marlboro 239:24, 25; 240:.4, 7,10,161292:13 mass 266:141284:9,121 285:191, 300:.6 match 296:3 mnte~m1229:8; 267:4; 289:15 matter 271:1`11 ~02:6 matura 255:4, 15, 16, 2`1; 256:9.12, 20, 211269:16 maturity 255:22; 256:17 may 228:8; 2~0:.2, 3; 2~4:11,181235:20; 2,13:7. .24; 2,19:221 2~0:.181 252:22; 254:2; 257:18. 20; ' 258:221259:1; 263:18; 266:7; 267:23; 273:11, 24; 278:17, 25; 279:191280:,11 28`1:191285:151289:2, 151 296:25, 25; 299:8 maybe 234:19; 255:11 261:22; 29~:21, 22; 299:10 MC 22,1:13; 254:8; 235:21; 239:1512,12:19; 2,13:21; 2~0:91257:7; 258:16; 262:25; 266:21; 279:231280:16; 286:,11 288:5; 294:13; 295:10; 296:8; 297:23; ~02:,1, 9, 13 mean 2,16.'912,17:151 250:9. 11, 151258:121 263:2; 265:24; 266:2, 10; 267:17; 271:15; 283:24; 294:8, 16 Meaning 232:20 means 255:9; 279:11; 287:151299:22 measure 275:121299:25 measuring 299:4 media 251:11262:11,13, 151266:9, 151285:191 290:211291:7,181292:11 Medicaid 226:4, 6, 16 meet 278:10 mentioned 232:9; 234:25; 255:15; 270:1 I; 276:24 merchants 259:23 message 233:171 272:131286:15 messages 229:19, 211 25o:2`11270:8; 285:1o, I51 294:9 Mickey 290:22; 291:18 might 24`1:211257:19, 258:131266:20; 269:3; 270:3; 277:25; 283.'9, 25; 284:211286:3; 287:2, 6, 20; 288:22; 29o:121 297:5, 7; 300:1 might're 290:3 mind 234:7; 237:211 288:6 minor 28I:9 Minorltias 231:4, 5; 236:8, 13 minorily 298:24 minors 250:171273:2; 277:3 minutes 251:101295:9; 302:5,7 misleading 227:5, 9 Mississippi 224:5; 235:181236:16; 237:6; 247:24; 248:11253:25; 267:141271:`1, 19, 211 273:1, 4, 1,1, 16127,1:91 277:8; 280:9; 281:41 284:`1, 6, 9; 285:7; 297:9; 302:3, 16 Mississippi's 276:19 MIZERSg1223:13, 191 241:31251:13; 275:111 276:181279:25; 280:19, 281:61288:13; 289:5; 290:23; 295:13; 296:11 morn 294:19 money 259:3; 269:25; 285:8; 297:5 monies 228:14 month 233:1o monthly 296:17 more 231:201233:6, 191 236:12, 1`11238:181 239:22; 242:6; 246:6,101 247:19; 248:6; 251:23, 2,11 252:171255:8; 257:211 260:3; 265:141269:15, 24; WILLIAM ROBERTS, ~ & ASSOCIATES

In r~- Mike Moore, Attorney General RICHARD W. MIZI/RSK/, Ph.D. MJssissipl Tobacco Litigation VoL 2, April 30, 1997 2"7~ privilege 235:19 p~bably 238:1-: 246:6; 249.23:2 f~.20; .'~): 25; ~ I 1, 14; 268:24; 270:4, 19. 276:5: 279:15: 293:1; 295:24;.-x~:2" 16.17; 298:21 probism 226:25: 232:17; 2:~3:11; 271:16 probion~lc 254:22 501:18 Pmcedum 223:5 procndum~ 278:1 pmcesdlng 2~5:5. 3 pmceadibg, 29)'7 ~ 267:1Z 12; ~fi8:4; 270.20; 2~4:20, 23; 2S5:2; 292:17 pmdum 289:17 l~)duct 228:15: 231:21; ~35:1~ 2~9:18; 244:10; 249.1 I, 12,13,19:. 250:3; 2~I:5,17,20,22.2~,24, 25; 252:4. 7; 2~/:2Z 24, .~; 255:4. 7,12,16,17, 25; 2~6:6, 7, I0, 14. 20, -~; 259.2: 260:22: 262:13; 275:2Z 24; 276:3.12; 278:19; 279.3, 4, 6¢ 2~:19, I~ 290.15; 299.12;500;11 preduefs 276:10 products 226:14; 247:,/; 255:10,15; 2~8:4; 259:23; professional 254:21 Pre/~esor 289.15 profound 501:2o program 267:1& 19;, 281:1 programs 269:h 271:18, .~. 272:3.9, I0: - ~7~'7:6; 281:3 prohibRed 257:~: 258:7 Pin,act 288:3, I" 29h14.15, 15 promotion 226:12; 241:4, I Z 17; 24":23; 294:13, 14, 17; 256:20; 257:17, 20, 24; 259:14, 17; 261:I~- 265:8, I0. 19; 266:3; 273:12; 275:21; 2~0: I, 2~" 284:15; 285:1 promotional 22&22; 247:14 prompted 295:" prompts 293:2 promulgated 23":12 proposed 242:21, 22; 253:24:-~.3:13.15 pros 242:4 proven 299:9 provide 228:14: 251:17, 20;, 232.~; 233:20; 244.'6, 7, 19;, 260:.25; 262:13; 267:22; 289:23 provided 225:14, 14; 229:16; 2~2:6; 7..33:2; 254:5; 268:15; 269:21; 278:12;295:1 providers 226.'9,9 provides 259:2 providing 295:5 prudent 232:18 public 243:6; 2~4:14, 255:5; 261:7; 286:25 pub|lcity 225:16; 246:5, 9;, 252:25; 266:15; 267:3; 27~.6; 2~5:24; 501:25 publiclz-d 252:16 punishing 279:12 punishment 278:20 purohm 2~0:7; 251:4. 16. 22; 2~J:22; 263:9,12, 14, 20;, 264:19, 25; 263:2; 276:4; 282:21 purchased 257:6; 263:24; 204:21 purohm 229:13 purchasing 275:24; 27V:21 purpose 227:3; 240:.15; 2%: 19;, 295:8 purposes 262:1. pursue 280:6 pursuing 279:24 purview 228:3 pushing 285:14 put 25~. 15, 20; 237:14; 2~8:13; 262:10; 279:17; 285,9;. 500:.2 putting 227:21 Q qualified 274:17 questibn's 243:24 questionable 282:16 questioning 279:24; 280:13 quick 288:8, 9 quicldy 259:14 quit 271:5 quite 258:3; 248:9; 259:11; 272:2, 9; 283:17; 300:10;301:16 quote 281:21 R R.J 259:21 race 239.8, 18, 19, 23; 240:7 rsce~ 239:8 rack 258:10 raised 2~4:18 range 252:6; 257:18; 259:.18 mm 263:13 rate 229:7; 298:5 rated 22~.7, 8 rates 245:2; 247:6; 273:5; 276:23; 29~:12; 299:15; 300:19, 23; 301.~, 13, 15 rather 2~O:4; 268:23; 278:17; 295:7 rationale 242:7; 29~:23 reach 237:15; 243:19; 250:25, 23; 262:25. 25; 274:4,11,12, 25; 273:1.2; 281:20; 29~:16 nmdily 2~8:21, 2~ reading 223.<); 281:11 real 246:2:3; 270:17 ' reallntJc 268:24 realize 2,10:I realized 25~.14 realizing 283:8 really 225:25; 228:3; 229:18; 2~0:21; 232:2; 254:15; 235:15; 242:10;, 249:9, 11; 255:2; 269:13; 270:18; 275:19;, 275:17; 281:10,15; 28~'14; 283:4; 285:23; 286:12" 13; 290:17; 294:22; 295:25; 298:17; ~QO:15 reanelysis 298:8 reason 294:6; 296:16 reasonable 272:13 reasoned 244.~; 269:22; 270:17 reasoning 269:22 masons 275:24 recall 224:16; 229:14; 232:1, 2; 2~8:13; 290:8 receive 232:1, 4; 267:7 received 23h22; 285:10; recent 271:12 recently 248:21; 271:19; Recess 251:11; 276:16; 288:10;295:11 recognition 240:20, 23 recognize 288:19; 289:10; 291:4 recollection 244:5; 27hl 1; 274:1,1 recommendct~ 229:5 record 234:25: 240:1; 251:15; 276:14, 15; 285:8 reducing 245:1; 280:20; 298:5; 300:22; 501:13 referring 242:20 regard 2~4:25; 266:21 regarding 226:6; 232:1 Ii 233:14; 245:7; 2~4:16; 265:9; 266:16; 267:7; 271:4; 275:1; 274:18; 27"/:13; 280:11; 281:21; 283:7; 284:4, 9, 17 register 258:10 regular 231.4), 9; 263:17, 22, 23; 264:1.14.15, 20, 24; 265:13,19;, 268:14 reguist~1224:11; 28'7:10,11 regulating 224:14 mguiotions 233:24 regulatory 254:13; 281:2 reinforces 295:25 related 224:5 relationship 245:]6,19; 247:19 mlctive 28~.23 relatively 261:18 release 290:21 mioased 247:3 releases 291:7 relevant 227:6 rely 274:2 remedy 273:13,15,18, 19 mrnember 225:23; 226:3; 228:8, 9,13; 229:25; 230:23, 25; 231:1, 2; 232:23; 233:4, 24; 237:3; 238:5, 9,16; 243:5; 247:17; 250:.22; 253:21; 258:1; 260:23; 262:9; 272:21; 273:3, 8; 278:16; 289:16; 290:4,10; 298:23 reminder 296:8 removed 245:5 repeated 279:.16 rephrase 263:6 report 273:4,6; 298:7, 10 reporter 275:2; 293:17 reports 285:20 representatives 259:21 reps 260:4,6,7, 9 request 252:17; 260:1; 289:18, 24; 290:7 requested 254:5; 276:25; 290:5 require 258:20 research 246:4; 248:10; 252.<); 253:10; 261:24; 267:1; 270:5 reserved 223:8 respect 235:19; 257:7 response 228:14; 252:8, 13; 254:7; 289:18 responsibilities 280:3 responsible 232:25 restaumnta 246:3 restrict 2~6:7; 246:20; 277:18, 20 restricted 231:3; 253:3, 7;287:5 restricting 277:3; 279:12 restriction 236:11; 237:17, 25; 238:12; 279:2, 5; 297:20; 298:4, 1 I; 299:14 rsstgictions 2~0:9, 15, 18, 25; 236:3, 20; 237:6, 12,14,17, 20; 238:3; 2,12:5,16, 18, 20, 21, 22, 24; 243:1, 17; 244:12, 18, 21; 246:2, 25; 247:1,3, 5; 252:6, 9, 17; 272:4; 278:7; 279:19; 280:21; 286:1, 8, 17, 20; 296:12,19; 297:19; restrictive 230:4; 252:10 retell 257:16; 258:2 retalior 258:3 retailers 257:16; 258:22, 23; 259:6 retrieve 296:4 reveal 260:19 review 238:18; 253:23; 259:7, 9, 24; 273:4; 280:.9;, 296:11; 297:18 reviowed 237:11; 272:25; 275:7, 16; 274:15; 300:20 reviowlng 298:8 Reynolds 259:21 RICHARD 223:13 Rick 27,1:12 right 251:8; 242:20; 246:18; 251:6,13,17; 252:10; 255:15; 258:7,10, 14; 271:16; 278:22; 281:15; 288:21; 293:8; 294:12 rise 246:7 risk 297:11, 13, 14 role 234:24; 265:7, 9 Rules 225:5 run 262:19; 268:25; 272:22 S ssk~ 225:17; 256:15; 257:24; 259:21; 260:9; 273:1; 275:21; 277:3~ 299:7 same 237:13; 282:1 sanctions 238:17; 277:24 satisfaction 239:1 Saturday 251:4. 16, 20; 252:4 saw 229:8 saying 282:15; 287:1 scenario 264:23 school 266:14; 269:1 school-based 267:18; 27 ] :20; 272:9 ?.. W'IIJ.IAM ROBERTS, JIL & ASSOCIATES M.In-U-Scr/pt~ 7 - c -

C In r~ Mike Moore~ Attorney ~ Misslssipi Tobacco Litigation theoretically 294:5 theory 292:2,1 ~ere4ore 26~:2 they'l| 260:20; 299:5, 6 They're 232:24; 239:12~ 247:15;258:11;260:19; 26~:22; 270:16; 272:19; 275:24; 279:8; 281:25; 282:15, 17;299:24;301:4 they'v~ 271:10; 2V2:4 thinking 290:~ third 266:6 though 259:12 thought 229:6;237:4; 289:13, 22 thoughtful 244:8 thousand 232:3 thousands 260:.15 throughout 281:25 ticket 251:6 tie-in 2<)1:17 ~ 257:|8 tobacco 224:9; 247:1, 9; 248:6; 255:18; 2S8:21; 260:4, 9, 24; 261:3; 272:11; 27~:12, 21; 275:25; 286:14; 288:4; 292:11, 23; 293:3; 299:4, 6 today 255:12 together 26&20; ~0o:2 told 254:4 toll 227:16 tollway 227:18 topE: 259:10 total 265:14 toward 251:23; 293:25 towards ~66:1,i; 269:15; 285:9 tmek 299:25 tracked 275# Tmcle 224:4; 2~:22; 2~8:24 trade-otis 269:10 tmin 261:6 training 283:14022 Transpo~lation 225:1; 227:12 tremendous 2~6:22 trend 301:3 trends ~00# iris! 225:8; 2~4:1; 274.-9; Z77:10 trials 226:19 tried 231:19;285:15 true 234:5; 502:17 't~ 271:4; 285:21; 299:2"5 ~'~lng 239:20; 254:21: ~:22; 275:15; 287:4; 290:2 tud 295:1 twi~e 265:;6 297:23 Wire 2~:18; 275:22 Typically 261:16; 262:10; 264:2 U U.$ 224:5 ultlma~ 246:7; 2~.. 16 ultin,~!y 254:21; 255:25; ~:2~ u~ml~ 235:8 un~b~ ~:14 u~n~h~1237:2 un~r 2~:6; ~4, 22; 231:6; 2~5:8; ~1:17; ~2:23; ~:21; ~:~; ~8:14; ~1:7; ~2~, 21, 23; un~m~ ~8:7 un~m~ ~1:18 undue 2~10 Un~ 249:2; ~:25 un~W ~:;6; ~2:10 un~ 2~2:21; 2~:1. ~:11;~:1 unsu¢c~l ~2:16 un~rmn~ 244:19, 22 up 226:15; 2~:1; 242~; 2~:7: ~2:7; ~:2~ ~7:8; ~4; ~1:12; ~:~; ~:13,16~ ~:5, ~ ~7:3; ~:3 u~n ~3:25; ~5 ups~ 252:22 up~ 247:6; 267:1 ~4:19; ~3:! 1; ~:24; u~ 226:17; ~:5, 7, 8; 241:16; 244:9; 2~3:20; 2~:4,13; ~:9, 2~ ~:2, t 1, ~, 2S; ~5:21; ~1:17,19, 21; ~2:8; ~:Zs; ~:4 u~ 226:18; 2~:15, 2S; ~9:~, 16, 18; 24o:~5; 2~2:16; ~5:~; ~8:4; ~:25; u~l 2~:7; ~;2t; 289:22 us~ 239:2; 256:7; ~:12 using 240:1 ~; 244:16; RICHARD W. MIZE~KI, Ph.D VoL 2, April 30, 199~ V vacuum 235:16 Vagu~ 224:14; 243:21; 286:5;294:14 value 26~.. 13 varied 257:t0,13 vurk)uu 2~:17; 2~:~; 2~:7; 232:I8; 242:~, 13; 243:14; ~4:7; 245:~ 2~5:11; ~:4; 261:25; ~4:24; ~S:7; ~:~. 24; vm ~1:~ vexing ~:14,15,16, ~, 21, ~; 2~:Z 5, 11, veto 247:2 venus 248:7; ~:~ Vke 247:2 v~ 2~:19 V~W 2~:I0; 24~:24; vle~ 269:8; ~:~; v~a124~19 velvet vo~ 237:23 vulnemb~ 236:14 W W 223:13 waive 223:9 wah~¢1225:7 waiving 235:14 walk 2~8:6 warning 240#; 296:19 warmntmt 242:18 watch 250:15 watching 2~:17 ~y 2~:23; 232:18; 24l :~; 242:9; 245:20, 21; 250:6; 252:I2; 259:8; 269:9; ~2:15; ~5:12, 19; 2~:~; ~8:6; 281:2; ~3:25; ~2:3; ~5:15; ~:24; ~s 231:10; 233:19; 244:7; 249:24; 250:18; 2%:16; 257:~8:~63:4; ~k~ 231#,9 " ~igh ~0:21 ~m~ 232:10 Wh~'a 240:15; 24 ~ :6; ~2:21; ~:17; ~:9; ~1:2 whok~ 24|:25; 249:5, 12; 256:21; 264:25; 268:4, 18; ~:2~ ~ 249:7,13, 23 wiring 232:~, 25 ~h ~:7 w~hln 2~ ~:3; w~nm 2~:~ 224:16, ~n~m ~:20 237:1~ 244:1; 2~:22 ~r~e 246:2 ~rld~ 297:~9 wrong VERRID 2~:~ 23~:24; y~y 224:8; 2~5:I; 259:25; 248#; 2~5:14; yeung 251:21; ~2:2; 270:16; ~1:~ younger ~):21, 22 yo~h ~2;8, 25; 274;24; 12 Z zero 268:24 tWO 23'7:22, 22; 260:17; 285:16 who's 264:23, 24; 294:19 youth-smoking 297:22 A. 'WILLIAM ROBERTS, JR. & ~S(3(~&~ ~ .

6 In re: Mike Moore, Attorney Genre'el Mlsslsslpl Tobacco Litigation $1 267:13 1 224:2 10 230:.25; 251:2; 260:11; 261:17, 22 11.'00302:14 12 261:22 13 261:22 14 261:22; 262:20 1 $ 251:2; 261:22; 262:20 le 263:25; 288:3, 12 1 B-yam-aid 265:14 17 261:22 18 229:25; 262:4, 3, 6, 16, 21, 24; 263:8,10, 12; 264:24; 267:16; 2~7:21; 281:7; 282.<), 21 1991 293:10 1994 272:25 1997 2 2 241:2; 247:7 20 263:8; 264:24 2U-year-~ld 263:11,12 20-year-aids 262:22 21 2~0:14; 288:11,13,18 22 252:15; 289:1, 5.10; 295:15 23 290:20, 23; 291:3 24 262:6 25 262:7 3 3 273:10 30 264:3, 16, 24 4 4 223:22; 241:1 40 264:24 50 233:10, 251:9; 298:21 SOs 289:4; 298:17 55 226:15 60 260:18 60s 289:4; 298:16 7 7 262:20 7-Eleven 258:7 70e 298:16 9 • }e 298:17 290:5 296:21 292:7; 296:21 A A.M 302:14 ability 255.~ able 237:17; 242:8; 251:22; 271:10, 292:16 absence 271:18 absolutely 234:9, 24; 265:21; 284:2 academlce 229:2 acceptab,#y 3o1:22 acceptance 285:18 access 272:23, 25; 276:19, 22; 277:2; 7, 9,13, 16,18, 20, 278:7: 2SO.~, 11,20, 2~1:6, 22; 282:8; 285:3, 4 accordance 223:4 account 229:5; 297:7; 299:10,12; 500:25; 301:25 accurate 29~:9,13; accurately 299:4, 25 acroaa 244:12; 248:20; 252:6 act 257:21 activ#km 274:24; 275:8 activity 230"~; 301:24 actuat 231:15; 277:9; 280.'9; 299:7 actually 269:11; 281:25, 25 ad 245:18; 263:7; 294:18 additlona| 226:16; 289:14 addre*e 226:20 adds 279:1 admit 253:5 adolescenta 254:15; 261:12" 15, 17; 274:20; 285:11 ads 247:14; 289:4, 22; 290:19 aduh 262:2; 270:8; 272:14 adulthood 269:18 Adults 229:23; 293:24; 301:10,14 adult~only 279:4 advantage 285:22 , ~r~u'F 2"~4:21 ~ adveftlee 225:10, 10, 250:6; 251:5,17; 252:5 adve~ 225:4; 232:12 advertiaemnt 239:25; 240:.5, 9,14,16 aChYOY~so 251:20 advertising 224:6. 9.11, 15; 225:8, 15; 226:5,11, 15, 14, 2~; 227:2; 228:21; 229:.15, 16, 19, 21; 230:.15; 231:3, 21; 236:2, 21; 237:7, 11, 20, 25; 2"58:15; 239:5; 241:4, tt, 17; 242:1, 5, 11, 16; 2,14:11; 245:5; 246:8, 11, 16, 21; 247:2; 9, 12, 23; 248: 18, 20, 22; 249:.1, 19;, 250:2, 8, 23; 252:1 I; 253:11, 12, 19, 19,21; 2M:9,12,15.17, 255:6; 256:19; 257:24; 259:.17; 261:11; 262:23; ?.63:13; 264:% 7,12,18; 265:3, 7,10, 12; 15,18, 24; 266:5; 267:17; 270:.1, 5; 274:19;, 275:13, 14, 21; 276:2; 280:1, 22; 283:10, 14,18; 284:13; 285:1,1 23; 286:15; 290:.14,14,19; 296:12; 297:18, 20, 21; 29~:1, 4,11; 299:8,14; 500:.7,12, 12 adv~ 225:12 affect 287:2; 293:25 Mfactad 254.'9 afraid 295:17 AG 235:6,7 again 248:23; 269:16; 272:4,17,18; 275:22, 25; 280:18; 281:11; 295:4; 300:15 against 268:6 age 231:6; 250:.7, 14; 261:14,15, 15,19, 25, 25; 262:2, 23; 267:10,15; 271:14; 272:17; 273:21; 277:21;278:4,10,11, 14; 281:7; 282:9, 21, 23; 295:5,18 agencies 229:.4, 7,16; 285:15 agency 228:24; 229:15; 291:11 agents 287:19; 292:10 ages 262:14,19 aggregate 247:21 ago.261:9; 271:13; 276:25 agree 236:14 ~roeablo 255:21 agreement 255:10 ahead 235:10; 258:I8; 288:11 aid 267:8; 286:2; 292:19;, RICHARD W. MIZERSKI, VoL 2, April 294.'9 aiding ~82:8 aimod 226:14; ~68:20 ak:oho1241:25;247:4; 248:17;249,'9,12, 15; 272:12; 279:3; 290:1d; ~M~oholk: 249:.16,19 allegedly 289:21 allegiance 249:.23 allocet~n 280:.2 allow 234:6 alluded 292:4 [ almost 237:13; 292:11 alone 280:.15 along 227 17; 235 23; 279:5;294:1 already 223:21; 264:21; 300:2 uP, hough 230:.2; 233:25; 262:16; ~65:14; 267:1; 293:7; 29~:6; 501:16 always 250:16;268:2; 277:17 ambiguous 261:18 among 225:3; 274:19; 8mou~ 244:17; 2~6:22; 257:25; 259:.2; 292:15; 297:5; 299:6; ~01:22 anelyees 226:7; 298:15 analy$le 225:15;233:23; 270:17, 20; 500:15 anab/zed 227:2 anecdotal 29~:22; 295:4 Angeles 240:8 annexed 288:15; 289:7; 29~.25 announcementa 245:6 antl-smoklng 245:18, 24; 246:7,11;266.'9, 268:7; 500:17; ~01:8; ~)2:1 antJ-toba~:o 271:12; 285.~, 15;286:14;291:21, 25; 292:1, 5, 8, 19, 22; 293:6, ~ 294:5,9,18: 500:25 anticipate 24~ 14; 284:15 antk:Jlmtlon 277:16 anybocly 254:5:296:1 anytime 228:14; 292:10 anyway 225:24 anywhere 260: 287:12 epparont~ 292:20; 295:7 appear 247:5; 264:9; 294:4; 302:1 appesrs 266:24, 25; 270:5; 2~1:25; Z79:17; 285:23; 290:5; 294:5; 298:9 apply 276:1 appreciate 296:6 appreciated 235:2 approach 234:21; 268:22 appropriate 229:6; 234:3; 236:3, 8; 245: 20, 21; 269:24 eppropristenso,, 253:18; 275:17 approximately 232 area 228:12; 235:9; 254:22;235:20;241: 247:16; 248:7; 252:8 253:18; 257:22; 23; 259:21; 262:20; 271: 22; 283:10, 13, 14, 285:1; 290:9; 292:19; 293:6, 20; 298:22; ~0 areas 230:2; 258:24; 283:15; 287:4.10 argued 256:16 argument 227:22 around 260:11; 290: 500:10 array 232:7; 2~0:20; 275:14 armyad 281:3 article 291:16; 292:4, 295:t4; 298:9 artJcle~ 281:21 aspect 270:21; 299:.8 aspects 269:15,16; 270:14, 24; 271:1; 299: assist 228:20, 25; 229 Asaistant 237:10 assisting 225:9 associated 225:21; 230:19 assume 243:10 assumed 230:.18 assumes 236:13 assumption 258:9; 263:10 astute 285:21 atmosphere 256:4 attempt 282:21 attention 2~:19; 239:: Attorney 232:16; 233:; 234:1; 235:4; 236:20; 237:6, 9, 10 a~orr~eya 225:3, 25 audience 229:12, 18, 231:3; 238:15; 254:2I audiences 269:11 augment 286:15 augmenting 267:4 Australia 282:1 author 294:23 available 250:21; 271:1 283:2 aware 241:11; 244:1; 245:11, 13, 14; 248:5, 9, 21; 276:12; 277:5.23; 281:11, 20; 282:3, 19; A. WILLIAM ROBERTS, J'R. & ASSOCIATES M3n-U-Scrlpt~

In re: Mike Moore, Attorney General RICHARD W. MIZERSKI, Ph.D. Mlssisslpi Tobacco Litigation VoL 2, April 50, 1997 Insurance 224:24; 225:19, 21, 24; 226:1,9, II intend 253:23; 280:5 Interaction 228:17 interactions 267:22 interest 272:8 interested 232:17; 254:8; 260:21; 261:24; 290:9,13, 18 Intemoting 291:12 Interests 2M:18 interject 254:8; 279:.23 Interplay 283:19 Interpretation 229:.17 Interpreted 245:18; 263:4; 284:23 Into 228:I, 16; 229.-9; ZS0:I 5, 20; 241:25; 251:24; 2~6:8; 261:19, 25; 269:17,18, 22; 276:3,13; 299:10; ~00:25; ~01:1, 25 Introduced ~0~.13 Introduction 255:20 Introducte~y 255:13, 21; 276:9 invariably 292:12 investigation 224.4), 12 Involved 228:5; 235:12, 13; 252:25; 259:11; 278:1 Issue 227:14, 20; 228:20; 229:15; 231:13, 23; 232:5; 233:15; 2~:1; 255:15; Z56:6,12,15;241:14,25; 242:1, 10,14; 259:19;, 274:18; 282:13; 283:1; 291:19 Issues 224:5; 225:23; 226:21; 253:22; 266:16; 271:23 itself 240:1; 254:24; 276:5; 283:9; 296:25; ~o1:2, 25 J jackpot 285:24 job 301:24 Joe 239:7; 248:10; 290:21; 291:14, 15, 15,17, 17, 20, 22, 25; 292:8, 12, 14, 18; 293:1, 10; 294:8, 10,16; 295:1 Journal 291:i6; 292:4; 29,l:23 justified 253:6 K keep 265:19; 267:16, 19; 271:5; 272:15 keeping 266:22; 277:14 kid 286:3, 22; 294:16 kids 250:2; 252:12; 262:18; 266:17; 267:7,19, 272:16; 277:14; 281:7; 292:2; 29~:6, 20, 22, 22; idnd 224:19; 227:15; 250:8; 232:7; 244:20, 21; 268:21; 282:1; 283:9; 290:.15;292:17 Mnds 226:17; 2Z7:20; 256:5; 260:.7; 267..6; 268:8,9 IOugnmn 274:15 L labels 296:19 laid 292:24 language 259:16 lapse 288:20;, 289:.12 lar~241~s last 224:2; Z51:14; 264:3, 16; 265:5; 275:2; 293:16 bite 2~:12; 269:17; 271:22 later 251:25; 287:21, 25 law 273:1; 276:19, 22; 277:3, 9,13,16; 280:2, 9, I1, 25; 281:3 laws 281:22; 502:16 Isypermn 285:25 lead 225:17; 252:5 Iseflct 2~3:6 laam 266:19, 2,1 least 2~3:5; 260:17; 264:2; 268:25; 270:.4; 274:14; 289,21; 291:14; 292:7 leave 280:.14 legal 2~1 .'6; 2~0:7 lagakaged 277:18 legislation 2~0:22 legitimate 254:18 length 253:14 less 251:2; 252:16, 16; 270:22;287:15 lesse~ 286:21 letting 228:4 level 241:21, 24; 242:12; 259:9;, 266:14; 272:10; 297:1; 299:.11 lavela 285:24 license 278:18; 281:14 Lies 290:12 rite 25h25: 2~4:25; 255:7, 12, 17; 256:11, 14; 275:24; 276:10;, 283:20; 287:25 life-style 276:13 likely 251:3.15, 24; 282:22; 287:15; 293:5, I9 IJmi~d 267:17 line 279:15, 24; 281:16 linked 259:17 liquor 248:21; 249:1, 4, 5, 7,14, 18, 2:3; 2~0:.1, 5; 251:3,15, 19; 252:3, 19 tltemlly 260:.15 literature 241:3; 242:7; 264:10 litigation 2~:14; 242:25 little 224:7; 225:1; 232:14; 258:18; 239,22; 243:21; 255:8; 261.'9;, 269:14; 271:22; 295:11; 295:5; 299:. 16, 17 live 286:24 rived 272:2 local 259:.23; 282:20 iocalltlas 248:12 logo 239:15 long 251:13,14 iong4erm 300:9; 501:5 iongar 255:8 Inngltedlna| 298:19;, look 2~8:2; 241:24; 244:7; 245:22, 23; 247:15; 248:16; 249:.12; 255:21; 2~6:2, 2, 4; 276:25; 279:14, 22; 281:16; 285:1, 5; 288:5; 296:1; 297:6; 298:18, 19, 3o0:11 looked 22"5:22; 226:12; 245:14; 247:22; 269:10; 271:3, 7, 25; ZTS: 17; 276:19, 21, 22; 27"7:2; 279:19; 296:15; 297:8, 15; ~01:5,7 looking 226:5; 244:24; 245:20; 248:11,19;, 250:23; 255:4; 277:4, 9 looks ~00:6 Los 240:.8 Jot 265:21; 271:18; 272:3, 18; 285:18; 290:19; 299:19 iotterlas 231:20 lottery 224:25; 225:6,13; 228:20, 24; 229:.15, 22; 230:1,15, 21; 251:6, 7, 9, 1o, 23; 232:5; Z56:6; 246:4; 285:22; 290:15 Lotto 231:12 lowering 297:21; 298:12 ioys1265:14 loyalty 240:22; 265:15 Lucy 292:6 lunch 302:4, 10 machine 227:2,1; 228:2, 12, 16, 16 machines 227:14, 15, 1"6, 20, 22; 228:5 ma I ng 226:12 maintenance 265:23, 25 266:4 makes 2M:IO; 302:11 making 2~8:9, 270:6, 7, 20, 278:2 Idan 292:13 manager 279:7 manual 259:20;, 260:.1 manufacturer 245:17, 17 manufacturers 2~8:21 many 256:5,16; 257:23; 260:8; 26-3:4; 271:15; 285:3, 4; 29~:15. 20 mark 288:1,11;289:1; 290:.20 marked 288:14.18; 289:6, 9;, 290:24; 291:3 market 250:10; 247:21; ~ 248:6;2~0:14; 251:1; 252:20, 23; 255:6; 28~:20 marketed 231:10,12 marketer 285:21 marketing 2~0:8; 2~6:13; 241:4, 12; 2,12:I 1; 247.~. 13; 252:25; 2M:12,13, 17; 2~6:20; 260:20; 261:11; 262:1, 3.8; 265:7,10,18; 266:8,10,12; 274:18, 24; 275:8; 280.1, 22; 28"5:14, 18; 291:16; 292:4; 294:24 Marke~ 262:11, 15 Madbom 2~9:24. 25; 240:4, 7,10,16; 292:13 Marvin 274:12 rims8 266:14; 2&i:9,12; 285:19; ~00:6 match 296:5 material 229:8; 267:4; 289:15 matter 271:14; ~02:6 rnstum 255:4, 15,16, 24; 2~6:9, 12, 20, 21; 269:16 maturity 255:22; 2~6:17 may 228:8; 2~0:2, 3; 254:11,18; 235:20; 243:7, 24; 249:22; 250:.18; 252:22; 2M:2; 257:18, 20; 2.58:22; 259:1; 263:18; 266:7; 267:23; 273:11.24; 278:17, 25; 279:19; 280:4; 284:19; 285:15; 289:2,15; 296:25, 25; 299:8 maybe 254:19; 255:1; 261:22; 29~:21, 22; 299:10- MC 224:13;254:8; 235:21; 239:15; 242:19; -243:21; 250:9; 257:7; 2~8:16; 262:25; 266:21; 279:23; 280:16; 286:4; 288:5; 294:15; 295:10; 296:8; 297:23; ~32:4, 9,13 mean 246.-9; 247:13: 250:.9,11,13; 258:12; 263:2; 265:24; 266:2. 10; 267:17; 271:15; 285:2,1; 294:8, 16 Meaning 232:20 means 255:9; 279:11; 287:18; 299:22 meesum 275:12; 299:25 measuring 299:4 media 251:1; 262:11, 15, 15; 266.'9. 15;285:19; 290:21; 291:7,18; 292:11 Medicaid 226:4,6, 16 meet 278:10 mentioned 252:9; 234:25; 255:15; 270:11; 276:24 merchants 259:.23 message 233:17; 272:15; 286:15 messages 229:19, 21; 250:24; 270:8; 285:10,15; 294:9 Mickey 290:22; 291:18 might 244:21; 257:19, 258:13; 266:20; 269:3; 270:3; 277:25; 285.'9, 25; 284:21; 286:3; 287:2; 6, 20; 288:22; 290:12; 297:5, 7; 300:1 might're 29O:3 mind 254:7; 237:21; '.88:6 minor 281:9 Minorities 231:4; 5; 236:8, 13 minority 298:24 minors 250:17; 275:2; 277:3 minutse 251:10; 295:9, 502:5, 7 misleading 227:5, 9 Mlss|sslpp[ 224:5; 235:18; 2~6:16; 237:6; 247:24; 248:1; 253:25; 267:14; 271:4,19, 21; 273:1, 4,14, 16; 274:9; 277:8; 280:9; 281:4; 284:4, 6, 9; 285:7; 297:9; 302:3, 16 Mississippi's 276:19 MIZERSK1225:13, 19; 241:3; 251:13; 275:1 l; 276:18; 279:25; 280:19; 281:6; 288:13; 289:5; 290:23; 295:13; 296:11 morn 294:19 money 259:3; 269:25; 285:8; 297:5 monies 228:14 month 233:10 monthly 296:17 more 23h20; 233:6, 19; 236:12, 14; 238:18; 239:22; 242:6; 246:6, lO; 247:19, 248:6; 251:23, 24; 252:17; 255:8; 257:21; 260:3; 265:14; 269:15, 24; WILLIAM ROBERTS, J]L & ASSO(3~TES &li~-U-Sct'tpt~ r~:~ T ...........

In r*- Mike Moore, Attorney Gems-el RICalARD W. MIZERSKI, Ph.D. .Mtssis*ipl Tobacco ldtlsation VoL 2, April 30, 1997 pttviio~ 235:19 p~lmbl~ 238:1"; 246:6; 24~23; 2~0:20; 259:25; ~ 11, 14; 2~:24; ~0:4. !~ ~6:5: ~9:15: ~3:1; ~:24~ ~:~ 1~ 17; ~:21 ~b~ 2~:~ 232:17; ~:11~1:16 ~b~ ~ ~1:18 ~n~ 235:3, 5 ~ ~7 ~:4; ~; ~:~, 23; ~5:~ ~17 ~u~ 2~:15: ~1:21; 24~11, IZ 13, 1~ 2~:3; ~1:5,17. ~, ~ ~, 24, ~; 25~4,7; 2~:~ 24, ~; 255:~7, IZ 1~ 17, ~; 25~ ~:~ 262:13; ~5:2Z 24; ~6:3. l ~ ~:19, 1~ ~15; p~u~ 226:14: 247:4; 255:10,15; 2~:4: 259:23; p~t~[ 2M:21 pmiou~ ~1:~ program 267:1& 1~ ~1:1 ~ ~2:5. 9, 10: ~:6; ~1:3 pmhib~ 237:~; 2~:7 ~1:14.15, 15 241:4, IZ 17; 24":23; 2~:13,14. 17; 2~:20; 257:17. ~, 24; 259:!4, 17; ~1:1~ 265:8,10. 19; ~:3; ~:l~ ~5:21; ~1, ~ ~:13:~5:1 pm~t~aal 2~:22; 247:14 pmmul~ 25":12 pm~s~ 24221.22; pros 242:4 proven ~:9 pmv~ 2~; 14: 20;, 232:8; 233:20; 7,19;, 260:.25; 262:13; 267:22;289:23 provld~1225:14,14; 229:16; 232:6; 233:2; 254:5; 268:15; 269:21; 278:12;295:1 providers 226.4), 9 provkl~t 259:.2 provMIng 295:3 prudent 252:18 publio 245:6; 254:14,18; 255:5; 261:7; 286:25 publlolt~ 225:16; 246:5, ~, 25~25; 266:15; 267:3; 270:.6; 285:24; ~01:23 publicized 252:16 puniohibg 27~.12 puni~hment 278:20 purt:hm 250:.7; 251:4, 16, 22; 254:22; 263:9, 12; 14, 20;, 264:19, 25; 265:2; 276:4; 282:21 purchaead 257:6; 263:24; 264:21 purchm 229:.13 purches|ng 275:24; 277:21 purpom 227:3; 240:.15; 256:19;, 293:8 purpom 262:1, 3, 8; 29I:20,23 pureus 280:6 pureu|ng 279:.24 purviow 228:3 pushing 285:14 put 230:15, 20; 237:14; 258:13; 262:10; 279:17; 285 .~, 30~.2 putting 227:21 Q qualified 274:17 queation'l 243:24 questionable 282:16 questioning 279:24; 280:13 quiok 288:8, 9 quickly 259:14 quit 271:5 quits 238:3; 248:9; 259:11; 272:2, 9; 283:1 300:10;301:16 quot~ 281:21 R R.J 259:21 r~e 239:8, 18, 19, 23; 240:7 races 239:8 rack 258:10 mi~l~l 234:18 range 252:6; 257:18; 259:.18 mm 26~:15 m~ 229:7; 29~:5 ~ 229:.7, 8 rates 245:2; 247:6; 273:5; 276:23; 298:12; 239:.15; 300:19, 23; 30L4), 13,15 rather 230:4; 268:23; 278:17;295:7 rationale 242:7; 298:23 ~h 237:15;243:19;. 250:.25. 25; 262:23. 25; ~3:3. 3 274:4.11.12; 23; 275:1.2; 281:20; 29~:16 medll~ 28&21.23 reading 223:9; 281:11 ~1246:23; 270:17 mallz~ 240:1 realized 25~.14 realizing 283:8 realb] 225:25; 228:3; 229:18; 230:21; 232:2; 234:15; 235:15; 242:10; 249:9. II; 255:2; 269:13; 270:18; 273:19;. 275:17; 281:10.15; 282:14; 283:4; 285:23; 286:12; 13; 290:17; 294:22; 295:25; 298:17; 300:15 reansb/sls 298:8 gea~on 294:6; 296:16 reasonable 2/2:13 reasoned 2~4~; 269:22; 270:17 reason|ng masons 275:24 recall 224:16; 22~;14; 232:1, 2; 238:13; 2~):8 receive 232:1, 4; 267:7 received 231:22; 285:10; recent 2"/1:12 recently 248:21; 271:19; Recto 251:11; 276:16; 288:10; 20~:I 1 recognition 240:20, 23 recognize 288:1~ recollection 244:5; 271:11; 274:14 mcommendatio~ 22<9:5 record 2~:25; 240:~; " 251:15; ~v76:14, 15; 283:8 reducing 245: I; 280:20; 208:5; ~00:22; ~01:13 reh~rrlng 242:20 regard 2~4:25; 2~:21 regarding 226:6; 232: I 1; 233:14; 245:7; 254:16; ~65:9;, 266:16; 267:7; 271:4; 273:1; ~74:18; 277:13; 280:11; 281:21; 283:7; 284:4, 9, 17 regletm' 258:10 regular 231:9. 9; 263:17. 22, 23; 264:1.14.15.20. 24; 265:13, 19; 268:14 te~uleted 224:11; 287:10,11 regulating 224:14 regulations 253:24 regulatory 234:13; 281:2 reln~or¢~ 293:25 mle~tionshlp 245:16.19; 247:19 mletlw 28~.23 reletlvel~ 261:18 feleaea 290:21 I~kul~K] 247:3 releaea~ 291:7 relevant 227.~ mly 274:2 remedy 273:13,15,18, 19 remember 225:23; 226:3; 228:8, 9,13; 229:25; 2"30:23, 25; 231:1, 2; 232:23; 233:4, 24; 237:3; 238:5, 9, 16; 243:5; 247:17; 250:.22; 253:21; 258:1; 260:23; 262:9; 272:21; 273:3, 8; 278:16; 289:16; 290:4,10; 296:23 reminder 296:8 removed 245:5 repeated 279:16 rephrase 263:6 report 273:4, 6; 298:7, 10 reporter 275:2; 293:17 reports 285:20 representatives 259:21 reps 260:4,6,7,9 request 252:17; 260:1; 289:18, 24; 290:7 requested 254:5; 276:25; 290:5 require 258:20 research 246:4; 248:10; 252.'9; 253:10; 261:24; 267:1; 270:5 resewed 223:8 respect 235:I9; 257:7 response 228:14; 252:8, 13; 254:7;289:!8 responsibilities 280:3 responsible 232:25 restaurants 246:3 restrict 236:7; 246:20; 277:18, 20 mtrl~ted 231:3; 253:3. 7; 287:5 re~rl~ting 277:3; 279:12 reatrlfftlon 236:11; 237:17, 25; 258:12; 279:2, 5; 297:20; 298:4, 11; 299:14 matrlctions 230:9. 15, 18, 25; 236:3, 20; 237:6, 12; 14,17,20; 238:3; 242:5, 16, 18, 20, 2I, 22, 24; 243:1, 17; 244:12, 18, 21; 246:2, 25; 247:1, 3, 5; 252:6, 9, 17; 272:4; 278:7; 279:19; 280:21; 286:1, 8, 17, 20; 296:12,19; 297:19; restrictive 230:4; 252:10 retail 257:16; 258:2 retailer 258:5 retailers 257:16; 258:22, 23; 259:6 retrieve 296:4 reveal 260:19 review 238:18; 253:23; 259:7, 9, 24; 273:4; 280:9; 296:11; 297:18 reviewed 237: I 1; 272:25; 273:7, 16; 274:15; 3oo:2o reviewing 298:8 R~/nokls 259:21 RICHARD 223:13 Rick 274:12 " right 231:8; 242:20; 246:18; 251:6,13,17; 252:I0; 253:15; 258:7,10, 14; 271:16; 278:22; 281:15; 288:21; 293:8; 294:12 rise 246:7 riok 297:11, 13, 14 role 234:24; 265:7, 9 Rukm 223:5 run 262:19; 268:25; 272:22 S ealml 225:17; 256:15; 257:24; 259:21; 260:9; 273:1; 275:21; 277:3; 299:7 eamo 237:13; 282:1 sanctions 238:17; 277:24 satisfaction 239:1 Saturday 251:4, 16, 20; 252:4 saw 229:8 saying 282:15; 287:1 scenario 264:23 school 266:14; 269:1 school-based 267:18; 271:20; 272:9 A.W]IJ.IAMROBERTS, J~ & ASSOCIATES

In r~ Mike Moore, Attorney General RICHARD W. MIZE~SKI, Ph.D Mlssisslpi Tobacco IJflgation VoL 2, April 30, 199~ theoretically 294:5 theory 292:24 therefore 265:2 they'll 260:20; 299:5, 6 They're 232:2~; 239:12; 247:15; 258:11; 260:19; 263:22; 270:16; 272:19; 275:24; 279:8; 281:25; 282:15, 17; 299:24; 301:4 they've 271:10; 272:4 thinking 290:3 third 266:6 though 239:12 thought 229:6; 237:4; 289:13, 22 thoughtful thousand 232:3 thousands 260:15 throughout 281:25 ticket 231:6 tie-in 291:17 tied 25/:18 tobacco 224:9; 247:1,9; 248:6; 253:18; 258:21; 260:4, 9, 24; 261:3; 2"72:11; 273:12, 21; 275: 25; 286:14; 288:4; 292:11, 23; 293:3; 299:4, 6 today 235:12 together 268:20;, 3430:2 told 2~4:4 toll 227:16 tollway 227:18 tons 299:5 topic 259:10 total 265:14 toward 251:23; 293:25 towards 266:14; 269:18; 285:9 track 299:23 tracked 273:9 Trade 224:4; 250:22; 258:24 trede<)ffs 269:10 train 261:6 training 283:t4, 22 Transportation 225: ! 227:12 tremendous 256:22 trend ~)1:3 trends 300:9 trial 223:8; 254:1; 274:9; 277:10 trials 226:19 tried 231:19; 285:13 true 234:5; 502:17 try 271:4; 285:21; 299:23 trying 239:20: 254:21; 268:22; 275:] 5; 287:4; 290:2 turf 295:1 twice 265:16 two 237:22, 22; 260:17; 297:23 type 228:18; 275:22 Typically 261:16; 262:10; 264:2 U U.S 224:3 ultimate 246:7; 286:16 ultimately 254:21; 255:23; 284:25 umbrallacd 235:8 unacceptable 287:14 uncomfortable 235:14 unconstitutional 237:2 under 227:6; 230:4, 22: 231:6; 235:8; 250:7; 261:17; 262:23; 267:15; 27~:21; 277:20; 278:14; 281:7; 282.~, 21, 23; ~02:15, 16 underage 278:7 underaged 281:18 understood 246:13 unklue 249:10 United 249:2; 277:25 university 260:16; 272:10 unk~ss 232:21; 258:1, 4; 287:1 I; 296:1 unsuccessful 282:16 unwarranted 244:19, 22 up 226:15; 233:1; 242:9; 256:7; 262:7; 264:22; 267:8;269:4;271:12; 286:3; 287:13, 16; 296:3, 2o; 297:3; 300:3 upon 273:25; 274:1; 280:5 upset 252:22 uptake 247:6; 267:12; 274:19, 283:11; 299:24; 300:15 use 226:17; 238:5, 7, 8; 241:16; 244:9; 250:2; 253:20; 266:4,13; 268:9, 22; 269:2, 1 l, 23, 25; 285:21; 291:17, 19, 21; 292:8; 294:2, 8; 296:18; 299:4 used 226:18; 237:23; 238:15, 25; 23~5, 16, 18; 240:13; 252:16; 267:2; 275:20; 278:4; 284:25; 291:22; 292:4, 5; 294:3, 4 useful 268:7; 270:3; 284:21; 289:22 uses 239:2; 256:7; 286:12 using 240:t 5;244:16; 259:18; 266:14, 15; 285:16 V vacuum 235:16 Vague 224:14; 243:21; 286:5; 294:14 value 269:13 varisd 257:10, 13 various 226:17; 227:20; 229:7; 232:18; 242:3, 13; 243:14; 244:7; 245:2: 255:11; 260:4; 261:25; 262:14; 269:8,10; 273:12: 274:24; 275:7; 277:24, 24; 286:9;, 287:19; 290:15; 299:.25 vary 261:23 vast ~01:22 vending 227:14, 15, 16, 20, 21, 23; 228:2, 5, 11, 16 vendor 227:23 versa 247:2 versus 248:7; 265:20 vice 247:2 video 227:19 videotape 290:11 view 229:10; 245:24; 270:22; 274:23; 275:6; 296:20 views 269:8; 280:5; 287:3 visual 240:19 voiceover 239:3 voices 237:23 vulnerable 236:14 W W 223:13 waive 223:9 waived 223:7 waiving 235:14 walk 258:6 warning 240:9:296:19 warranted 242:18 watch 250:15 watching 250:17 way 226:23; 232:18; 241:20; 242:9; 245:20, 21; 250:6; 252:12; 2*39:8; 269.'9; 272:15; 275:12, 19; 277:20; 278:6; 281:2; 283:25; 292:3; 295:15; 296:24; 299:13 ways 231:10i 233:19; 244:7; 249:24; 250:18; 256:16; 257:18;.263:4; 275:20" 7" " week.b/231:9, 9 " weigh 270:21 weren't 232:10 What's 240:15; 241:6; 272:21; 288:17; 289:9; 291:2 who's 264:23, 24; 294:19 whole 241:25; 249:5, 12; 256:21; 264:25;268:4, 18; 284:23; 295:18,19; 296:4; 299:23; 301:21 wldespraad 230:1; 245:25 wine 249:7, 13, 23 wiring 232:24, 25 wish 280:7 within 227.'9; 228:3; 232:24; 233:1; 274:3 without 235:3; 253:3 witness 223.~; 224:16, 25; 2~4:11, 17; 243:23, 25; 250:11; 257:10; 2~8:19; 263:2; 266:24; 268:3; 286:7; 293:21; 296:7; 302:24 wRnesses 289:20 worc~ 228:16; 278.'9; 279:5 work 224:19, 21, 23, 24; 225:I. 5; 227:11; 23I: 14, 23; 235.'9,19; 236:19; 261:2, 7; 268:16; 269:9; 292:18; 298:8 worked 226:2; 231:21; 237:10; 244:1; 250:22 working 224:8; 225:2; 232.'9,10; 252:14 workplace 246:2 works 283:18, 18 world 242:11; 281:25 worldwide 297:19 worthwhile 280:18 written 253:20 wrong 289:2 WrOte 251:14 Y year 265:16 years 229:23; 241:16; 252:15; 261:17; 263:8; 271:13; 283:17; 293:7 YERRID 234:20; 235:24; 251:8; 268:2; 274:25; 275:9; 276:14; 296:4; 302:6, II yesterday 224:8; 235:1; 239:23; 248:9; 253:14; 263:16; 267:12; 289:14; 299:17 young 251:21; 262:2; 267:21, 21: 269:3, 12, 18; 270:16; 271:5 younger 293:21, 22 youth 272:8, 25; 274:24; 275:8; 276:19, 22; 277:2, 9, 13, 15; 280.~, 11, 20; 281:22; 297:13,14; 298:5, 12 youth-smoking 297:22 Z zero 265:24 A. WIILIAM ROBE]iTS, JR. & ASSOCIATES i't,~n-U-Scrill~t~ (¢)') th~rpti~'alhr~. ~'¢,~