Day 025 - 16 Sep 94 - Page 33
1 A. What tab is that at?
2
3 Q. That is 36, page 184.
4 A. I see, yes, sir.
5
6 Q. I am not going to read through it again. You have read
7 the whole of it, have you not?
8 A. Yes, sir.
9
10 Q. Would you agree with me -- perhaps you would not; I do not
11 know -- that, in fact, the advertising campaign, as it
12 turned out in reality, precisely reflects the intention of
13 this memorandum?
14 A. No, sir, I would not.
15
16 Q. You do not agree with me that what the campaign emphasises
17 is the need for balance and moderation and that, as part
18 of a balanced diet, McDonald's food is no different from
19 any other kind of food?
20 A. No, sir, I do not.
21
22 Q. Very well. Can I ask you one other question? I have two
23 other questions about the cholesterol advertisement. Can
24 you go back to page 115 in tab 33, please?
25 A. Is that the ad that I am looking at, the Time Magazine
26 excerpt?
27
28 Q. Yes, the cholesterol ad, the second page of the detailed
29 text on it.
30
31 MR. JUSTICE BELL: Does it amount to this, that you say
32 "nutritious" means good food, put simply?
33 A. In a very shorthand version, yes.
34
35 Q. The ads themselves repeatedly refer to McDonald's good
36 food?
37 A. Yes, your Lordship, and repeatedly use the words
38 "nutritious" and "nutrition" connected to McDonald's.
39 Advertising is, at worst, insidious and, at best,
40 inventive, linking of words through repetition, through
41 visual imagery to convey an overall impression. Part of
42 what McDonald's has done here, and done a very skillful
43 job of it, is to use the word "nutrition" so many times as
44 to somewhat rivet that into the mind of the person reading
45 it and associate nutrition with McDonald's.
46
47 MR. RAMPTON: Is that sense in which you are using nutrition a
48 general American sense, or is it some word special to some
49 Texas statute, or where does it come from, that sense of
50 nutrition?
51 A. In that sense I am using it as consumers generally
52 apply it; not the dietician consumer, not the heart
53 specialist consumer. They might use a more strictly
54 limited definition. Here, though, American consumers read
55 nutrition to mean healthy food, to wit food that does not
56 contain significant amounts of the negative nutrients such
57 as fat, cholesterol, sodium.
58
59 Q. I am still not sure that I am quite clear, Mr. Gardner.
60 You are not going back, are you, on what you told us
