Day 012 - 18 Jul 94 - Page 13


     
     1
         Q.   "In addition to these free materials, I strongly encourage
     2        you to order a quantity of our 'Food Exchange List for
              McDonald's Restaurants' cards, the 'Calorie, Sodium and
     3        Cholersterol Content' card, and the 'Nutritional Analysis
              of Food Served at McDonald's Restaurants'.  (Copies of
     4        each of these and an order form are enclosed)."   If the
              franchisee, the licensee or the restaurant manager did not
     5        have copies of these documents in his restaurant, or his
              restaurants, how would the member of the public get this
     6        information?
              A.    Well, let me just say that on the national
     7        introduction, the corporation, in order to avoid not
              having a situation where there was none available,
     8        provided a number of copies to every restaurant in the
              system, but if there was nothing available in that
     9        unlikely situation, they would get the 'phone number from
              posted material or a piece of paper from the store manager
    10        and call us in Oakbrook which, although, there was not an
              800 number our policy is to accept reverse/collect
    11        telephone calls.
 
    12   Q.   We see this somewhat expanded in the next paragraph.
               "These materials, as well as additional copies of the
    13        ingredient brochure, should be ordered by all stores
              (especially in those states currently considering
    14        ingredient labeling legislation, or in areas getting a lot
              of media coverage on this issue".  Mr. Horwitz, were there
    15        states or perhaps all states, you tell us in which, where
              there was no, or no effective, agreed labelling
    16        legislation in place at this time?
              A.    The question is were there states in which ----
    17
         Q.   Were there states in the United States which did not have
    18        effective labelling legislation in place at this time?
              A.    Our focus at McDonald's at that time in terms of
    19        labelling were the labelling requirements of the Federal
              Government which we believed pre-empted any of the efforts
    20        of the state bodies, and it was our position at that time
              that that was what controlled, and that there were no
    21        state regulations and rules which, effectively, could
              compel us to label.
    22
         Q.   Then the parenthesis goes on: " --- or in areas getting a
    23        lot of media coverage on this issue).  Such voluntary
              action on our part hsould help blunt the growing intrest
    24        of state and federal lawmakers for incredient labeling
              legislation.  (Also ... We would much rather provide this
    25        information voluntarily, than be legislated into taking
              this- or any other more severe/costly action- at a later 
    26        date.)"  Was that a part at least of McDonald's thinking 
              at that time? 
    27        A.    Yes, it was.
 
    28   Q.   Do you know whether that press announcement was made as
              predicted in this document on the following Monday, July
    29        7th?
              A.    Yes, it was.
    30
         Q.   Then please turn to tab 11, page 188, where we see a

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