Day 012 - 18 Jul 94 - Page 74


     
     1        the fact of the matter was if there was someone had an
              allergy or someone who had a concern about eating a
     2        particular type of food, all they had to do was call our
              offices collect and they could get whatever information
     3        they needed.
 
     4   MR. JUSTICE BELL:  I think the point being taken is that is the
              second part of what is vouched for there, that is as well
     5        as brochures intended for persons on calorie, sodium or
              cholesterol restricted diets", but the first part of the
     6        sentence says:  "Over the past ten years the company has
              taken the lead among quick-service restaurants by
     7        distributing brochures setting out full nutrition
              information".  Then a little later:  "These materials have
     8        been placed in restaurants from time to time."   That is
              right, is it?
     9        A.  At the time this was written in July 1986, the
              brochures were already being widely distributed since
    10        April of that year.
 
    11   Q.   It starts over the past ten years?
              A.  I understand that.  I am pointing that out as one of a
    12        number of factors.  We had many, many brochures which had
              nutritional information in them but were not necessarily
    13        available in every store.  They had to be requested from
              headquarters.
    14
         MS. STEEL:   That was the concern of the Attorney General, was
    15        it, not to have the information available in all the
              stores?
    16        A.  They wanted comprehensive nutritional information
              available in every store.
    17
         Q.   At that time McDonald's was not doing that?
    18        A.  That is correct.  It was not available in every store
              for instant taking.
    19
         MR. RAMPTON:  I do not know if it helps, it does save some time
    20        in the end if people do not argue in ignorance of what are
              easily verifiable matters of fact.  If one looks at page
    21        59AA and AB in section 4D -- I can, of course, wait for
              this in the re-examination but that is a bit theatrical --
    22        one can see, at any rate, what McDonald's was saying they
              made available in 1985/6.
    23
         MISS STEEL:  Does that actually say they are available in
    24        stores?
 
    25   MR. RAMPTON:  Yes.  If you read the end of document, the last
              unnumbered paragraph on 59AB. 
    26 
         MS. STEEL:  We are in a bit of difficulty here because the 
    27        plaintiffs have not disclosed the document.
 
    28   MR. JUSTICE BELL:  It may not matter at the end of the day.
              I am just querying the last 10 years because that might be
    29        interpreted as saying it has been there since 1976.
 
    30   MR. RAMPTON:  My Lord, yes, but it does say in the second
              paragraph -- I do not know if it is true; that is a

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