Day 025 - 16 Sep 94 - Page 76
1 they may be having on promoting a diet, a kind of diet
2 overall, the effect they are having on the public and
3 people's overall diet?
4 A. Are you asking me for a personal judgment or their
5 legal responsibility?
6
7 Q. No, I am asking you for a judgment as somebody who is an
8 expert on consumer perceptions of advertising.
9 A. If McDonald's merely wanted to promote its -- run an
10 advertisement that said it was a great place to pick up
11 hot coffee on your way to work, and nothing more, then
12 I would not say that they have an affirmative duty in that
13 advertisement or commercial to disclose that coffee has
14 caffeine or their hamburgers have saturated fat.
15
16 Where their duty arises, and where their responsibility
17 under the law arises, is when McDonald's by its own choice
18 decides to promote the positive nutritional aspects of
19 some of its foods without disclosing the negative aspects
20 of those same foods, or to promote its entire menu, as
21 I believe it has here, as in essence a more healthy menu.
22 In those instances, then it must disclose the negative as
23 well as the positive. It may accentuate the positive, but
24 it must disclose the negative and it must also be
25 straightforward and truthful about the nutritious aspects
26 of the food.
27
28 Q. Is that because it gives full information for people that
29 want their food particularly, but also because they are
30 promoting a kind of diet as nutritious?
31 A. I would -- my own interpretation of the law as it now
32 stands and as it stood then is to make sure that people
33 are getting full and accurate information within the
34 context of the advertising. Whether or not McDonald's
35 should absent violations of the law and, specific,
36 disclose information concerning the unhelpful aspects of
37 its food, is not a question for me, but it is a question
38 for either nutritionists or Congress of the state
39 legislators. That is a policy decision. It is really
40 beyond my expertise. I just try to deal with what people
41 want and what is deceptive against that background.
42
43 MR. MORRIS: I have no further questions.
44
45 MS. STEEL: Thank you.
46
47 MR. JUSTICE BELL: Thank you very much, Mr. Gardner.
48
49 (The witness withdrew)
50
51 MR. RAMPTON: My Lord, only one thing. Professor Walker is the
52 next witness on Monday. Your Lordship may recall that --
53 I do not know whether I mentioned this actually in court
54 or not -- we asked Professor Walker if he could do us a
55 short note on styrene arising out of the evidence of
56 Mr. Lipsett. I do not know whether your Lordship
57 remembers that?
58
59 MR. JUSTICE BELL: I do not, I have to confess.
60
