Tobacco Documents Online

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 A Q from the A different Q you think Yes, they've tried. So that would be a little bit cigarette market? Yes. The milk industry .is doing from the cigarette industry. You mentioned the chewing gum.market. that the chewing gum marketers different something Do are seeking already to get people who chew gum who might not chew gum as opposed to asking them to chew Doublemint versus Juicy Fruit? A I have not seen strategies in the gum industry that would suggest they're get non-chewing gum people to chew gum. Q On page 2 of your expert statement it says that you will testify about themes and appeals in advertising, including cigarette advertising through the years. In the documents that were there were a whole bunch of copies of which appeared to come from magazines were copies of the same advertisement the logo recognition removed, -and some for cigarettes and some were for other What was the purpose of testimony? chewing trying to sent to me advertisements and then there butwith all of them were products. doing .that for your 31

6 7 8 9 i0 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 A I'm sorry, could you restate the question, the purpose? Q Why was that done? Why did you copy those magazine ads for cigarettes and non-cigarette products and then have the ads copied with all the logo'recognition .removed? A The purpose of that was to demonstrate that ~hemes and images for non-tobacco products were similar, in some cases almost identical to images that were used for tobacco products. Q Is it also important tothe placement of the advertisement? EntertainmentWeekly versus Horse advertiser For e~ample, in and Rider the Magazine? A It's very important for an advertiser to carefully place its advertising, yes. Q In your testimony, anticipated testimony, do you plan to look at advertisements and talk about the target audience of that advertisement? an accounU? A A If I'm asked to I can, yes. And in determining the target audience advertisement, what things do you take into In determiningthe target audience for the target audience is the target market for ad, of an 32

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 whom the brand was developed and distributed. Q Is it important to know the location of the advertisement, for example, what magazine it's in? Would that help you kind of determine who the target market was? A It can. Q So, for example, an advertisement for Marlboro cigarettes in Time Magazine versus Marlboro cigarettes ~n Rolling Stone, that same product might be targeted to different markets? A It might or it might not. Q What way might it not be, example? given my A Marketers try to reach their target through multiple media and in that way that's achieving repetition and repetition continues to give an advertiser a share of mind in a cluttered environment. So using two different magazines accomplish that. Q What do you mean by the phrase "share mind"? A Share of mind means that the brand is prominent in the target market member's mind, hopefully more prominent than competitors' brand names. market called would of 33

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 Q In the first paragraphon page 2 of your expert statement it says you will testify there is no evidence.that color ahd imagery in advertising for cigarette~infiuences nonsmokers to begin smoking. That's your opinion? A Yes. Q Given that, do you have any opinion as to why the industry is so opposed to the removal of imagery and color in their advertising from certain magazines as a result of the FDA regulations? A I'm sorry, could you repeat the question? Q Are you familiar with the FDA regulations? A Pending, proposed? Q Yes. A Yes. Q And are you aware that as a result of those FDA ~egulations certain magazines with a certain percentage of young readers will not be able to carry color and imagery advertising in those" magazines? A Yes. Q Given your that this advertising smoking, why would the regulation? opinion that you don't think influences nonsmokers to begin industry be opposed to that 34

l 2 3 4 5 6 7 8 9 i0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A For precisely that reason. Q Which is because that!s not the way it operates? A Correct. Q Okay. In the next paragrapk it says that you will testify about the model of communication utilized in consumer behavior consisting of source, message, channel, receiver and feedback. Is that the basic model of communication? A That is a basic model of communication that has been widely used over many years. Q Do you think that you will testify about any other models of communication? A It's possible if I'm asked to, but I haven't planned on it, no. Q It says that you will apply the communication model to historic messages about smoking communicated by various Sources to in general and to consumers in Mississippi. consumers Is that the purpose all those newspaper articles and all those magazine articles were provided to me? ~ That is one of the sources. ~ Q Okay. The next sentence says that you will testify that the message that smoking could be

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 dangerous to health, fatal and habit forming was effectively communicated to consumers. How do you know? A How do I know-- Q That consumers? A What it was effectively communicated to I do know is that the message through other general public regarding health risks, ~atal disease and the habit forming nature of. tobacco was widely disseminated in a variety of readily available publications and sources which would have-- which the would have ready access to. Q So you don't look at the smoking rate to tell whether a message was effective for-- A I'm sorry? Q For example, in the early 1650s there was the "cancer scare" about smoking being related to lung cancer and approximately five years after that the smoking rate was at an all time high. So you don't look at that to determine whether or not the communication, the message ~bout the cancer scare was effective; is that correct? A What do you mean by "effective"? Q I guess what I'm asking is what do you mean by "effective"? 36

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 A Effective means that there's a of awareness of the relationship between and health risks, fatal diseaseor habit nature of the produc~. the high lev41 tobacco use forming Q Then effective does not mean that you got smoker to quit smoking? A No. the basic model of communication, in is the source, for example, the medium York Times, or would the source be the of the United States? Either could be the source of information. What about the channel? What is the of communication? The channel of communication is any means which an individual received that .~ newspaper, television Correct. And others. Q In your opinion, like the New President A channel A through information. Q Like A or radio? Q Does an effect on A It Q For source? A the source of the communication how that message is received? can. instance, the credibility of the have That's one variable that can affect the 37

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 message process. Q What are other variables that can affecn the message process? A Reputation of the source, authority of the source, stature in a person's life. Q In looking at the model of communication and the history of the smoking message, is it important to also consider the time period in which that message is sent, for example, the 1950s versus the 1980s? A Yes. Q So, for example, in the 1950s' a message received from a corporation might be more wel~ received than a message received from a corporation in the 1990s? A It might or it might not be, depending on the corporation and the situation. Q Do you have any knowledge or opinion about society in general, their opinion of corporations in the 1950s? A No. Q How about their opinion or thelr perception of the President of the United States in the 1950s versus the 1990s? A No. 38

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 Q The end of paragraph 2 on page 2 of your expert statement says thit other industry statements were a small part of the total information• environment about smoking. Would those industry statements include statements regarding the health effects of smoking? A Yes. For example-- I'm sorry. A Yes. Q For example, comments in the 1950s or 1960s from the industry that more research needed to be done on whether or not smoking contributed or caused lung cancer? A Yes. Have you looked at ~he various industry statements over the smoking and health? A Industry last 40 or 50 years regarding statements that were in documents like newspapers. that Exhibit. information Q I'm done with A All right. Q I went through produced to me and I had public all thedocuments that were some questions about them. of excerpts from elementary, There were copies junior high and high school textbooks. Were those 39

1 2 3 4 5 7 8 9 i0 Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 part of The Mississippi Report? A Yes. Q And ~hat .is The Mississippi exactly, if you know?" A The Mississippi Report is an policy for these-- my understanding of Report assessment of it is, as was informed, is that it is an assessment of the Mississippi school system, curriculum, guidelines for grade school, junior high, when junior high. became a level, and high school. Q Why are you relying on The Mississippi Report in .forming your opinions in this case? information their total adolescents receive information any way to measure how much school environment has on the kid an external source like a movie or A Because school is part of environment. Q I•s there influence the school versus television? A The way that's incorporated in consumer decision-making is to assess all the ~soUrces of information as a package and judge them relative in in to one another. Q So can you rank, say, a hierarchy, of th~ sources of information in determining the amount of 4O