Day 012 - 18 Jul 94 - Page 47


     
     1
         Q.   Then comes some material about law under attacking the
     2        campaign as a whole.  He gives the first reason which
              I need not trouble you with.  The second reason begins on
     3        page 162:  "Second, in an effort to file a claim implicit
              with the campaign as a whole the letter" -- that is
     4        Mr. Mattox's letter:  "the letter seriously distorts the
              purpose and effect of the overall campaign.  Your letter
     5        refutes the campaign as a whole and claim that McDonald's
              food is nutritious.  You call that claim false contending
     6        that McDonald's food is as a whole not nutritious.  We are
              at a loss to know the legal or factual authority on which
     7        that contention rests or even what it means".
 
     8        Did you know what it meant?
              A.  No, I did not.
     9
         Q.   "The food served at McDonald's Restaurants, beef, chicken,
    10        eggs, milk and the rest is nutritious.  It provides
              essential nutrients including protein, vitamins and
    11        minerals".  So far as you are aware, is that true?
              A.  Yes, that is true.
    12
         Q.   Does it?
    13        A.  Yes.
 
    14   Q.   "The question at issue is not, however, what you think of
              McDonald's menu.  The only relevant question is whether
    15        the advertisements are deceptive or misleading. If you
              mean to suggest that the advertisements are deceptive
    16        because they make some implied health claim, contrary to
              fact, for McDonald's food as a whole, then the premise
    17        underlying your analysis is plainly wrong.  The
              advertisements focus on specific nutrition topics and are
    18        illustrated by specific and accurate facts about a number
              of McDonald's products.  To the extent that any single
    19        theme can be said to run through the series, it is the
              importance of balance in the diet".
    20
              Mr. Horwitz, having looked back at that series of
    21        advertisements, as I expect you have recently done, have
              you?
    22        A.  Yes, I have.
 
    23   Q.   Do you have any reason to disagree with what Mr. Califano
              here writes?
    24        A.  No, I do not.
 
    25   Q.   Was that your view at the time?
              A.  Yes, it was. 
    26 
         Q.   "The advertisements assert correctly that McDonald's food 
    27        can be part of a balanced diet. They also urge McDonald's
              customers to make sure their McDonald's meal balances with
    28        other meals they eat. The advertisements make no health
              claim, expressed or implied, whether the advertisements
    29        are viewed individually or taken as a whole.  Third, the
              most disturbing element of the effort to focus on the
    30        campaign as a whole is that its plain objects is to
              silence the company totally on this subject, irrespective

Prev Next Index