Day 024 - 15 Sep 94 - Page 20


     
     1
     2   MS. STEEL:   Eventually, McDonald's (along with the other
     3        companies) agreed to provide this information in the form
     4        of brochures.  What was the position then?  Was there some
     5        deadline?
     6        A.  In June, McDonald's advised us that they could not
     7        tell us whether or not they would make brochures available
     8        nationwide in response to the June 3rd letter until after
     9        our 4th July holiday.
    10
    11   MR. JUSTICE BELL:  We are going on to the press release now,
    12        are we?
    13
    14   MS. STEEL:   Yes.
    15
    16   MR. JUSTICE BELL:  We will take our five-minute break now.
    17
    18                       (Short Adjournment)
    19
    20   MS. STEEL:   Was there some sort of agreement between the
    21        companies that had participated in the discussions and the
    22        Attorneys General offices about making the public aware
    23        about the existence of these brochures?
    24        A.  We eventually, that summer, reached agreement with
    25        McDonald's, Kentucky Fried Chicken, Wendys,
    26        Jack-in-the-Box and Burger King -- perhaps some others,
    27        I believe -- that they would give their own form of
    28        ingredient nutrition brochure out to the public through
    29        distribution at their local restaurants; so, yes, there
    30        was an agreement.
    31
    32   Q.   What was the position about publicising the fact that this
    33        information was going to be made available?
    34        A.  To that, I must resort to memory.  We made it clear to
    35        the various companies that we would want to, that we would
    36        announce the resolution and that we would not be objecting
    37        to their announcing it as well, because we did not want
    38        one company to have a competitive leg up over another
    39        company by being able to say that they were leading the
    40        pack.  We did make it clear to the various chains that we
    41        would -- when we did reach resolution with all of them,
    42        that we would then announce the resolution.  We would
    43        advise them in advance of when we would make the
    44        announcement and we made it clear to them that we decided
    45        that they hold off on any announcement of their own.
    46
    47   Q.   So there was some sort of agreement that if anyone was
    48        going to make an announcement everybody would do it on the
    49        same day?
    50        A.  To my memory, there was an informal understanding 
    51        amongst all of the players, the companies and the states 
    52        alike, that any announcement of the mutual agreement of 
    53        the companies and the Attorneys General would be made at
    54        the same time.
    55
    56   Q.   What happened then?
    57        A.  Well, as I believe I said earlier, McDonald's told us
    58        some time in June they would need until after the July 4th
    59        holiday to advise us as to whether or not they would agree
    60        to make the brochures available.  Reconstructing from the

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