Day 002 - 29 Jun 94 - Page 37


     
     1        advertising.  That is already referred to above in terms
              of the gimmics, "Happy Hats" and parties and decor and
     2        everything.  But going specifically on to their
              advertising, "Nearly all McDonald's advertising is aimed
     3        at children".  McDonald's Corporation spend over a billion
              dollars every year on their advertising and promotions.
     4        Whether of that 1 billion dollars 200 million or 700
              million dollars is spent on trying to convince children
     5        they should eat their food or whatever, is not really that
              significant.
     6
              The point is they spend an enormous amount.  Also, if you
     7        read carefully the documents that have been disclosed by
              McDonald's on this, like with everything with them, you
     8        have to take great care to see what the reality is behind
              the way things are phrased.  So, for example, they have
     9        said only, whatever, 20 per cent, 25 per cent, of
              advertising is aimed or targeted at children, but we
    10        believe that most of the advertising does go out when
              children are watching.  There is what is called, what do
    11        you call it, a transfer, cross over time, when both the
              parents and the children are watching.
    12
              McDonald's say it is because, of course, the only reason
    13        they do it is because they want their parents to supervise
              what their children are watching.  But I mean, obviously,
    14        as far as they are concerned, they want the parents and
              the children to see the adverts if at all possible.
    15
              So, the reality is we will be arguing that a significant
    16        part, if not the majority of McDonald's advertising, is
              aimed at children and some of the time it goes out when
    17        adults are watching as well.
 
    18        Their use of the ronald mcdonald figure to reach into the
              children's subconscious is very effective, as any parent
    19        knows -- quite frighteningly effective.  The original
              ronald mcdonald, Jeffery Juliano, who was ronald mcdonald
    20        throughout the 80's, has apologised publicly for
              brain-washing children.  We believe this is evidence of
    21        the motives of McDonald's Corporation.  It has been said
              that he is just an actor, but we believe that -----
    22
         MR. RAMPTON:  Your Lordship, I would not have to interrupt if
    23        my opponent were counsel, but your Lordship has repeatedly
              ruled -- the defendants know it as well as they know
    24        anything in this case -- that Mr. Juliano has nothing to
              do with the case.  He is not in the pleadings any longer
    25        and a discovery is required in respect of him.  He is not
              going to be a witness.  I have been extremely patient both 
    26        this morning and this afternoon. 
  
    27        I will have one or two things to say at the end, but at
              this stage I really must intervene.  Mr. Juliano has been
    28        taken out of this case and discarded for good and all.
 
    29   MR. MORRIS:  We do not agree with Mr. Rampton.  No doubt, he
              will say that when it comes up in the case.  In any event,
    30        of course, if we consider that Mr. Juliano is someone
              whose opinion is to be valued, it is relevant to our state

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