Day 025 - 16 Sep 94 - Page 42
1 that the campaign -- that as of April 13th no further
2 placements had occurred. From that I take it to be that
3 further placements were, in fact, intended or his
4 statement to that effect would have been mere surplusage.
5 So, yes; in general, although I do not have the specifics
6 of the conversations with McDonald's, it was the
7 impression I was left after talking with their
8 representatives that they did terminate the full campaign
9 early as the result of the contact with our office.
10
11 Q. In that case, I think, perhaps it would be right to show
12 you some documents which you may not have seen before; I
13 do not know. First of all, can we look at a document
14 which you certainly have seen before, which is page 169 in
15 tab 34 of bundle VI A?
16 A. Page what again, sir?
17
18 Q. Page 169, it is a letter from you to Dewey Valentine dated
19 May 12th 1987.
20 A. Thank you. That was the letter from Mr. Rosberg that
21 I was referring to.
22
23 Q. I thought that probably was the letter you were referring
24 to. Can you just read the first page to yourself?
25 A. I have read the first page.
26
27 Q. Then could you turn over and read the second page?
28 A. I have read it.
29
30 Q. That says two things, does it not, Mr. Gardner? It says
31 the current campaign is scheduled to proceed as follows
32 and to terminate as shown in the schedule?
33 A. I do not think it says that, no, sir -- are you
34 quoting?
35
36 Q. No. I am trying to summarise the effect of it. You see,
37 it says, 170, first complete paragraph: "Assuming that a
38 meeting can be arranged without unreasonable delay,
39 McDonald's will not make any new commitment to rerun any
40 of the eight advertisements prior to our meeting with
41 you. McDonald's cannot agree, as I am sure you will
42 understand, to terminate this entire advertising campaign,
43 nor will it make any commitment that would impair its
44 ability to continue providing truthful and accurate
45 information about its products to consumers. But these
46 reservations should not stand in the way of a productive
47 meeting." There is no hint there of McDonald's saying:
48 "OK, you have made a fair point; we will stop this
49 campaign now"?
50 A. McDonald's does not say that, no, sir.
51
52 Q. No. Look at the schedule over the page, would you,
53 page 171?
54 A. Yes, sir.
55
56 Q. That tells you what their current commitment is, does it
57 not?
58 A. The current commitment as of the date of Mr. Rosberg's
59 letter, yes.
60
