Day 025 - 16 Sep 94 - Page 51
1 I believe I also said to you, the specific objections in
2 the letter were only to the second pages.
3
4 As I know I have previously testified, you must consider
5 the ad in its entirety as it appears. I cannot tell from
6 looking at this exactly what ad it was. It says that it
7 was a one page ad, but it does not say that it was the
8 same one page ad that had been previously used.
9
10 It is my experience in dealing with companies to whom we
11 have pointed out that we believed their ads to be
12 deceptive, that they will cure the offending language and
13 yet keep the overall advertising layout and even the title
14 of the ad, perhaps, to refer to it. From looking at this,
15 I cannot tell that this Calcium ad is the same Calcium ad,
16 one or two page ad, that we had seen as part of the
17 overall campaign.
18
19 MR. JUSTICE BELL: But you had not actually pointed out
20 specifically anything you took exception to in any of
21 those ads, had you -- not in the letter anyway? I mean,
22 you said that the three were only examples. You said that
23 the campaign was misleading but you had not indicated
24 anything in Calcium, For Real or We Shop or whatever, TFAD
25 was, had you?
26 A. With respect, especially I think to any of them, your
27 Lordship, excepting TFAD, whatever that might mean -----
28
29 MR. MORRIS: "It is tossed fresh all day". It is a salad ad
30 which is not in The Times here, as far as we know; it is a
31 new ad.
32
33 MR. JUSTICE BELL: The only point I am making is you may well
34 be right that advertisers change their advertisements to
35 accommodate your criticism, whether they agree with your
36 criticism or not. They may think it wise to do so for a
37 variety of reasons; they may change their ads for their
38 own motives, quite regardless of anything you say and even
39 if an enforcement authority has not made any criticism.
40 But in respect of those ads you had, in fact, made no
41 specific criticism?
42 A. That is correct, your Lordship.
43
44 MR. RAMPTON: You had an overall criticism of the campaign
45 which I understood from what you told us this morning to
46 be this -- again I am summarising -- that it was quite
47 wrong, misleading and dishonest of McDonald's to flaunt
48 their food and promote their food as being good food, as
49 being nutritious food; is that right?
50 A. Yes.
51
52 Q. That is what I thought. Can you take, please,
53 volume VI A?
54 A. I beg your pardon?
55
56 Q. Bundle VI A.
57 A. Yes.
58
59 Q. Sometimes I speak indistinctly. I am aware of that. Turn
60 to tab 33, please.
