Day 025 - 16 Sep 94 - Page 37
1 memory is that we received a brochure containing both
2 nutrition and ingredient information. I believe, despite
3 McDonald's statements that it had previously made this
4 information available at its headquarters, I believe that
5 the information was just the ingredient and not the
6 nutrition information. So we were looking for a booklet
7 that did contain nutrition information in addition to
8 ingredient information.
9
10 It is my memory, and it certainly is reflected in the July
11 30, 1986 letter from Mr. Rosberg, that the booklet did.
12 All I can tell you is what I have seen in the court files
13 today do not indicate that that brochure contained
14 nutrition information. The only brochure I have seen is
15 the April or March.
16
17 Q. April.
18 A. Tab 19 -----
19
20 MR. JUSTICE BELL: If Mr. Rosberg, under cover of that letter,
21 had sent you a booklet, he says a copy of the booklet is
22 enclosed, which only contained ingredient, you would have
23 picked that up very quickly, would you not?
24 A. I should have hoped so. I am telling the court that
25 I believe we had a brochure that contained ingredient
26 nutrition information. That must not be before the court
27 or the one that is dated April 1987, tab 19, is
28 incorrectly dated. I do not know. I can honestly say
29 because of that confusion, Mr. Rampton, I do believe that
30 at that time there was a brochure that had it, but
31 I cannot swear to it.
32
33 MR. RAMPTON: It looks, does it not -- let us be reasonable
34 about it -- as if there was an addition between the two we
35 have in the bundles, which was more or less in the form of
36 the one dated April 1987, in other words, containing both
37 sets of information? From the materials in front of us,
38 it looks as though that must be so?
39 A. I would conjecture that is so. All I am trying to
40 distinguish is I cannot, under oath, say that that is it
41 because I am limited to what I have to refer to to refresh
42 my recollection.
43
44 MR. MORRIS: Would it be possible for the plaintiffs to try and
45 find that missing booklet?
46
47 MR. JUSTICE BELL: Which missing booklet?
48
49 MR. RAMPTON: The one that is spoken of.
50
51 MR. MORRIS: There appears to be, I do not know, but it does
52 not seem to be in the court files. There is a document
53 with nutrition information in America before April 1987
54 that was widely available in their stores.
55
56 MR. JUSTICE BELL: It seems pretty clear that tab 18 was
57 printed on 1st July 1986 -- that is what it says on page
58 96 -- and that tab 19 was printed on 27th April 1987.
59 But, however that may be, it very much looks, I have to
60 say from the letter, whether or not McDonald's can
