Day 025 - 16 Sep 94 - Page 52


     
     1
     2   MR. JUSTICE BELL:  Can we put that away?
     3
     4   MR. RAMPTON:  Yes, my Lord. (To the witness):  Please turn to
     5        tab 33, page 112.
     6
     7   MR. MORRIS:  What page are we on?
     8
     9   MR. RAMPTON:  112.  Sorry, that is the Calcium ad.  I am sorry,
    10        Mr. Gardner, I forget you are using the original.
    11        A.  I can use both.  In the tab version, it is illegible.
    12
    13   Q.   I am only interested in the words; the bun I do not think
    14        we need concern ourselves with at the moment.  It says:
    15         "Eat your calcium".  It says:  "We add extra calcium to
    16        all our hamburger buns and English muffins.  Nobody makes
    17        us do it, but we know people are concerned about getting
    18        enough of the number one bone building material.  So we
    19        add it.
    20
    21        And, of course, McDonald's cheese, milk shakes, milk,
    22        sundaes and cones are excellent calcium providers.  So eat
    23        your calcium and enjoy the great taste of McDonald's,
    24        too.  For more information about all our menu items, ask
    25        your McDonald's Restaurant Manager or turn the page.  It's
    26        a good time for the great taste."
    27
    28        I quite agree with you, we cannot be certain, at the
    29        moment at least, whether the 1988 advertisements for
    30        calcium, the calcium advertisements, were in the same
    31        terms or intended to be in the same terms as this.  But
    32        assume for the moment that they were, do you agree with me
    33        that this calcium advertisement that we are looking at
    34        here promotes the nutritional, the health-giving,
    35        properties of McDonald's bun?
    36        A.  Yes.
    37
    38   Q.   And of its cheese, milk shake, milk, sundaes and cones as
    39        well?
    40        A.  Yes.
    41
    42   Q.   It does not tell the consumer, does it, that, for example,
    43        cheese, milk shakes, milk and sundaes contain animal fat?
    44        It does not, does it?
    45        A.  No, sir.
    46
    47   Q.   It does not tell them that sundaes and cones and milk
    48        shakes contain sugar, does it?
    49        A.  No.
    50 
    51   Q.   So, presumably, in your eyes this is a misleading, 
    52        deceptive advertisement? 
    53        A.  In truth, yes.  If I may explain why?
    54
    55   Q.   Yes, please do.
    56        A.  This involved an enforcement judgment call that Texas
    57        and a number of other states made regarding calcium.
    58        There were a number of companies making claims that at
    59        that time were not necessarily deceptive in violation of
    60        our Deceptive Trade Practices laws but were probably in

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