Youth and Marketing
State of Florida, et al., Plaintiffs, v American Tobacco Company, et al., Defendants, Video Deposition of: Richard J. Semenik
Abstract
Deposition statement of Dr. Richard Semnik summarizes analysis of consumers of cigarettes. States his credentials and how he got into tobacco research. Recounts research on how many youth recognize Joe Camel. Discusses what constitutes advertising. Evaluates definition of peer pressure. Mentions opinions on why people smoke. Discusses consumer behavior and role in buying cigarettes and defines application.
Fields
- Notes
Original document code was 387.
- Company
- Non-Tobacco Company
- Minor Subject
- Legal Issues -litigation
- Tobacco Usage Behavior -addiction
- Tobacco Usage Behavior -influence of advertising
- Tobacco Usage Behavior -addiction
- Major Subject
- Advertising and Marketing
- Legal Issues
- Author
- Semenik, Richard J
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here. If any at point there's another problem,
please do not hesitate to stop us.
Q. Dr. Semenik, I think we are talking about
marketer-controlled information, and in the second
paragraph of your expert statement you refer to the
fact that consumer decision making is extremely
complex, and that there are so many factors -- I'm
paraphrasing -- that -- that that overrides, I
guess, marketer-controlled information; is that
correct?
A. That's not totally correct.' The consumer
decislon-making process is extremely complex and
involves a large number of factors.
Marketer-controlled information is one of those
factors.
Q. Okay. I guess what I'm trying to do here
is I'm trying to isolate what you've written here,
and what other factors would act upon the
declsion-making process of the consumers that
you're referring to, other than marketer-controlled
information?
A. In a
any product or
factor such as
culture, broad
consumer declsion-maklng process for
service, for an individual consumer
family, friends, .school, lifestyle,
social influences, and potentially
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dozens of others, can affect the decision that each
consumer makes.
Q. And so what you're lumping those into a
category of the complex decision-making process of
the consumers; is that fair to say?
A. Yes.
Q. And that category, for
term -- and we'll Just call that
declsion-making process -- the
decision-making process cannot
marketer-controlled information;
you're suggesting?
A. No. Not at all.
consumers use information,
lack of a better
the consumer
consumer
be influenced by
is that what
The consumer --
such as advertising,
such as coupons, as part of the way they go about
the process of choosing brands.
Q. When you say "are more powerful and have
more influence than marketer-controlled
information," how do you define "more powerful"?
A. In the study of consumer behavior, when
we examine consumers' choices regarding products to
use, we find that broad in£1uences, such as culture
powerful than an
influencing that
or friends or lifestyle, are more
advertiser marketer's efforts in
choice.
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Q. Okay. How are you
degree of power with respect
information?
A. Could
able to quantify that
to marketer-controlled
you repeat the question for me,
please. I want
Q. Yes.
degree of power,
marketer-controlled
about?
to make sure I understand.
How are you able to quantify the
if that's possible, over the
information that we've been
talking
A. The degree of power over
marketer-controlled information relative to the
broad social influences -- am I understanding your
question correctly?
Q. That's a good way to phrase it.
A. Marketers are fully aware, as they study
markets, that consumers need goods and services to
lead their lives, and it is the marketer's
challenge to try to use advertising, product
design, package design, and other tools that we
call marketing, to try to fit in
lives and make their brands
marketer's brand -- relevant
consumer llves his or her life
needs they have.
Q. Okay. I guess what I'm trying to do is:
with consumer
-- that is the
to the way the
and the kind of
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You've made the comment in your statement that the
decision-making process is more powerful -- the
factors that influence the decision-making process
is more powerful
information. What
much more powerful
than marketer-controlled
I'm trying to figure out
is it, or do we know?
is how
A. We would only know that for any
individual product situation, if we had very clear
information. So we couldn't say, as a general
rule, it is five percent, i0 percent. That would
be impossible.
Q. Okay. How do you know that it's more
powerful?
A. Well, I could give you an example.
Q. Okay.
A. I could be given the unfortunate
challenge today of being told that it's my job to
sell slide rules to engineers.
The technological environment would be so
overwhelmingly against me, that no amount of
promotion, no amount of advertising, no amount of
coupons would ~e more powerful than. computers and
technological devices that engineers now have
available relative to a slide rule.
Q. I understand your example and that's a
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good example if someone has no background in a
particular area, which might be one of the
assumptions in your hypothetical, or if you were
trying to sell a product that was hopelessly
the
outdated.
But I would -- how would
efficiency or -- or the degree
you characte.rize
of effectiveness
with respect to the tobacco advertising in
general. Is it quality stuff?
MR. PURVIS: Object to the form.
THE WITNESS: Could you rephrase
please.
MR. GONZALEZ: All right.
If you were to compare different
that,
computers, or
would you say
vis-a-vis other people
industries, let's say tobacco with
major league sports, how effective
their advertising people are
in the industry.
A. And by
clarlfy that for
ways we would make Judgments about advertising.
the word "effective," could you
me because there are different
Q. Okay. And in terms of being able to
accomplish what they set out to do with their
advertising.
A. Well, in that -- in that -- I'm sorry,
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but I wouldn't know what any individual ad was
meant to accomplish, so in terms of effectiveness I
wouldn't be able to judge that particular kind of
effectiveness until I knew what their goals were.
Q. Okay. Let's go into your background just
a little bit.
Apparently you've been a -- you earned
your Ph.D. in 1976 in marketing; is that correct?
A. Yes.
Q. Okay. And your MBA from Michigan State
University. Was there a particular emphasis there
at all?
A. NOt in the MBA program, no.
Q. Okay. And then you had a business
background from the University of Michigan in 1970,
is that correct?
A. Yes.
Q. And you've been a professor for
marketing -- the marketing department here at the
for the last five years?
I started my career here in
1976. I've been a full professor for the last
years.
Q. Okay. As a full professor, what
classes do you teach?
University of Utah
A. Actually
five
kinds of
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A. I teach marketing and advertising
classes.
Q. And do any of those classes have specific
names?
A. Yes. The introduction to marketing class
is Marketing 301; the introduction to advertising
class, which is now Marketing 450; I have taught
consumer behavior, which is -- our numbers have
changed because of a recent curriculum review -~
it used to be 385; Marketing Research, 345;
Marketing Management, 670; and a course called
Executive Protocol, Marketing 500. Those would
in the last five or six years.
Q. What is executive protocol?
A. Executive protocol is a course where
students take it as a credit/no-credit course,
I try to teach them about aspects that will be
important to their career, such as hosting a
business dinner, being a guest at a business
dinner, traveling internationally, howto use
different forms of communication appropriately:
fax versus a cell phone versus a regular corded
phone; stationery.
a way of teaching
courses.
Things that we just don't
in our regular structured
so
be
and
have
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Q. Your marketing management course, what is
the focus of that course?
A. That's an advanced course for MBA
students, which presumes they have a fairly high
level knowledge of basic marketing, and
typically will study much more advanced
often using cases as a teaching method.
we
strategies,
Q. When you say strategies and case studies,
can you give me an example of maybe two of your
consumer
for two years
cases --
with either a
favorite cases that you use in class.
A. Since I haven't taught that
I can tell you generally the kinds of
Q. Okay.
A. -- if you wouldn't mind.
A case would typically deal
products company -- maybe Nike or
Proctor & Gamble -- or an industrial products
company like Digital Equipment; and the case would
set a scenario facing the company that's a problem
for the company -- maybe a product that's
competltively inferior, may be opening up another
international market; the case would provide
students with information about the company's
financial situation, its personnel, its
competitors, the technological environment, the
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cultural environment -- the kinds of things we
spoke of a moment ago -- and present students with
a problem such as: Which international market
would you enter first, given what you know about
technology in these markets, the infrastructure of
the market.
So we try to give students a very broad
challenge and try to help them understand the
complex process of designing marketing strategies.
Q. Now advertising would be a subset within
the -- the -- I guess the -- the term marketing; is
that correct?
A. That is correct.
Q. Okay. And marketing could include
marketing channels which might be the distribution
and delivery system of a product, correct?
A. Yes.
Q. So you would have distribution, you have
advertising is another area that falls within
marketing.
What I guess I want you to do is:
Have
you ever taught any courses, other than the
introduction to advertising, that focus
specifically on advertising?
A. And I think I can answer that this way:
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In every course
-- the advertising course deals
the advertising
introductory marketing course
sequence which deals with
The marketing management course
from beginning to end with
process.
The
three-chapter
advertising.
have a section on advertising in terms of how
use advertising to strategically support the
overall marketing plan.
The consumer behavior would also
about advertising and how consumers use
as part of the information available as
has a
would
we
talk
advertising
they make
decisions about brands in the marketplace.
Q. Your introductory advertising course,
what do you do there, in that course, with your
students?
A. That course is a course that is attended
by marketing students -- excuse me, business school
typically marketing students, students
journalism school, students from consumer
There are five or six departments that
as a recommended course for their program
students,
from the
studies.
have that
study.
effects
We begin with understanding the economic
of advertising, the social effects of
A. WILLIAM ROBERTS, JR., & ASSOCIATES
