Day 064 - 08 Dec 94 - Page 48


     
     1        A.  Yes.
     2
     3   Q.   "But McDonald's menu contains ingredients from all the food
     4        groups".  That is not true, is it?
     5        A.  It certainly contains cereals, it contains fresh
     6        lettuce, salad, it does contain fruit but not fresh fruit
     7        but it does not say "fresh fruit" there.
     8
     9   Q.   It contains fruit mushed into a pulp mixed with lots of
    10        sugar?
    11        A.  It contains fruit.
    12
    13   MR. JUSTICE BELL:  Look, just pause a moment.  I said what
    14        I said to you, I hope, to some purpose.  I do not know
    15        whether you listened to me because when I stopped you went
    16        straight back to the same course of cross-examination.
    17
    18   MS. STEEL:   I moved on actually.
    19
    20   MR. JUSTICE BELL:  You moved on but on exactly same area and
    21        kind of point, the same kind of cross-examination, but
    22        going on with a bit more of the leaflet.  It does not
    23        matter what Mr. Oakley makes of this leaflet, save in this
    24        respect, that once he has said he thinks it is not
    25        misleading, it may be some guidance to me in so far as he
    26        reflects McDonald's attitudes as to whether they take a
    27        realistic view of their promotional material, if, in fact,
    28        I think it is deceptive. But you have to address yourself
    29        to me as to whether it is misleading or not, and be able to
    30        say to me:  "Now, if you think it is misleading, the fact
    31        that Mr. Oakley said it was not misleading may help you as
    32        to McDonald's colour-  blindness in this direction".  But
    33        once you have got from him that he does not think it is
    34        misleading you have the foundation for that kind of point.
    35        Going on asking him questions about:  "Don't you think this
    36        bit is misleading; don't you think that bit is misleading"
    37        does not progress the matter at all.
    38
    39   MS. STEEL:   Mr. Oakley was specifically asked about this column
    40        in his examination in-chief.
    41
    42   MR. JUSTICE BELL:  Yes.  Whether or not that was productive,
    43        that is my view now.  You have laid your ground for comment
    44        in the future and that is all you can do with Mr. Oakley.
    45
    46   MR. MORRIS:  I will just ask you a question:  You said in your
    47        statement:  "McDonald's was the first restaurant company to
    48        produce nutrition guides which are available in all stores
    49        and which give nutritional information and a complete list
    50        of ingredients used in the food we serve".  How do you know 
    51        that? 
    52        A.  That is to the best of my knowledge. 
    53
    54   Q.   What does that mean?
    55        A.  Well, you know I was not responsible at the time and
    56        I cannot be more specific than that.  To the best of my
    57        knowledge, that was the situation.  I was not aware of any
    58        such leaflets in any other restaurants.
    59
    60   MR. JUSTICE BELL:  But Mr. Morris is, in effect, asking you what

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