Day 012 - 18 Jul 94 - Page 59


     
     1        letter from the Attorney General of Texas in April; there
              was a reply in May; why I asked if that sheet, is it page
     2        183, was 1987 because that finishes in June, so we have
              had April, May and June so far, and what I want to know is
     3        if there is any documentary evidence as to which of the
              three particular advertisements to which the Attorney
     4        General of Texas objected continued after June and up
              until when.  You can obviously in a moment, if you choose
     5        to, ask this witness specifically if he knows, but it is
              all seven years ago now and I wonder what documentation
     6        there is.
 
     7   MR. RAMPTON:  We have produced all we can find.  All we have
              been able to find are two things: One is that a part of
     8        the campaign was still going on in November 1987 and that
              in December 1987 it was planned to phase the thing out
     9        during the early part of 1988 by the inclusion of the
              first page, at any rate, in one of the so-called
    10        objectionable advertisements.  It may be Mr. David Green
              who is coming to give evidence in court will be able to
    11        provide more assistance as to what happened during 1987.
              Is that right, Mr. Horwitz?
    12        A.  That is correct.
 
    13   Q.   We will ask him.  At any rate, did the campaign as a
              whole, as it would appear from this, as it were, reach a
    14        natural conclusion some time in the early part of 1988?
              Is that what this document tells us?
    15        A.  My recollection is that the campaign as whole did
              reach a conclusion, although individual advertising,
    16        nutrition advertising, including elements from this
              campaign, continued through 1993.
    17
         Q.   Yes, I understand.  Perhaps one can approach this thing in
    18        a slightly different way by looking at page 169 of the
              pink.  You can put the yellow one away now, as far as I am
    19        concerned ----
              A.  I have page 169.
    20
         Q.   You do.  You remember we looked at a letter from
    21        Mr. Gardner on page 164 dated 5th May?
              A.  Yes.
    22
         Q.   Where he has retreated somewhat because he says:  "Well,
    23        you do not have to pull it but you must discontinue it",
              do you remember that?
    24        A.  Yes.
 
    25   Q.   Then I ask you to look at 169 which is Dewey Ballantine's
              response to Mr. Gardner written on 12th May 1987:  "This 
    26        is in response to your letter of May 5th concerning 
              McDonald's advertising campaign.  We continue to believe 
    27        that it would be in our mutual interest to sit down
              together and discuss your concerns about the
    28        advertisements.  For that reason,  we were disappointed at
              your decision to cancel the meeting scheduled to take
    29        place with you and Attorney General Mattox in Austin on
              May 12th."  Had there been a meeting arranged for that
    30        purpose?
              A.  Yes.

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