Day 025 - 16 Sep 94 - Page 76


     
     1        they may be having on promoting a diet, a kind of diet
     2        overall, the effect they are having on the public and
     3        people's overall diet?
     4        A.  Are you asking me for a personal judgment or their
     5        legal responsibility?
     6
     7   Q.   No, I am asking you for a judgment as somebody who is an
     8        expert on consumer perceptions of advertising.
     9        A.  If McDonald's merely wanted to promote its -- run an
    10        advertisement that said it was a great place to pick up
    11        hot coffee on your way to work, and nothing more, then
    12        I would not say that they have an affirmative duty in that
    13        advertisement or commercial to disclose that coffee has
    14        caffeine or their hamburgers have saturated fat.
    15
    16        Where their duty arises, and where their responsibility
    17        under the law arises, is when McDonald's by its own choice
    18        decides to promote the positive nutritional aspects of
    19        some of its foods without disclosing the negative aspects
    20        of those same foods, or to promote its entire menu, as
    21        I believe it has here, as in essence a more healthy menu.
    22        In those instances, then it must disclose the negative as
    23        well as the positive.  It may accentuate the positive, but
    24        it must disclose the negative and it must also be
    25        straightforward and truthful about the nutritious aspects
    26        of the food.
    27
    28   Q.   Is that because it gives full information for people that
    29        want their food particularly, but also because they are
    30        promoting a kind of diet as nutritious?
    31        A.  I would -- my own interpretation of the law as it now
    32        stands and as it stood then is to make sure that people
    33        are getting full and accurate information within the
    34        context of the advertising.  Whether or not McDonald's
    35        should absent violations of the law and, specific,
    36        disclose information concerning the unhelpful aspects of
    37        its food, is not a question for me, but it is a question
    38        for either nutritionists or Congress of the state
    39        legislators.  That is a policy decision.  It is really
    40        beyond my expertise.  I just try to deal with what people
    41        want and what is deceptive against that background.
    42
    43   MR. MORRIS:  I have no further questions.
    44
    45   MS. STEEL:   Thank you.
    46
    47   MR. JUSTICE BELL:  Thank you very much, Mr. Gardner.
    48
    49                       (The witness withdrew)
    50 
    51   MR. RAMPTON:  My Lord, only one thing.  Professor Walker is the 
    52        next witness on Monday.  Your Lordship may recall that  -- 
    53        I do not know whether I mentioned this actually in court
    54        or not -- we asked Professor Walker if he could do us a
    55        short note on styrene arising out of the evidence of
    56        Mr. Lipsett.  I do not know whether your Lordship
    57        remembers that?
    58
    59   MR. JUSTICE BELL:  I do not, I have to confess.
    60

Prev Next Index