Day 024 - 15 Sep 94 - Page 46


     
     1        up only when they have numbers that can back that up by
     2        being selective in the information they are giving folks.
     3
     4        Had they chosen to -- I do not believe that, for instance,
     5        in this ad any of those -- I may be wrong -- I do not
     6        think any of those four products is mentioned; yet in the
     7        chart they selected products that were relatively low in
     8        sodium.  The only one that is higher in sodium of a nature
     9        to be concerned would be the nuggetts and especially the
    10        regular cheeseburger.  Those are, nonetheless, lower than
    11        many of the other entree products that McDonald's serve.
    12
    13   Q.   I was going to go on to the second one, but I am not sure
    14        whether there is any need to do it, because did not
    15        Mr. Horwitz say that he accepted that there was something
    16        wrong with that advertisement anyway?
    17
    18   MR. RAMPTON:  What he accepted was that there was an error, but
    19        not the errors catalogued by Mr. Gardner in his letter of
    20        24th April.
    21
    22   MS. STEEL:   OK.  We will look at that advert.
    23
    24   MR. JUSTICE BELL:  I think you had better deal with it
    25        because what the effect of his evidence, as I understand
    26        it, was that there was an error.  It was not the error set
    27        out in (2) because sodium hexametaphosphate is a
    28        stabilizer and not a preservative.  In any event I took it
    29        that the effect of his evidence was that any inaccuracy
    30        was insignificant because it was only in the fluid ounce
    31        of flavouring that one found any added chemical.
    32
    33   MS. STEEL:   I actually thought it was a bit stronger than
    34        that.
    35
    36   MR. JUSTICE BELL:  I do not know if it is going to be argued
    37        that if you read a fluid ounce of flavouring, since it
    38        does not say "natural flavouring", people might assume
    39        that flavouring may include some added chemical, but that
    40        point has not been taken yet.  But there we are.
    41
    42   MS. STEEL:   It is on page 111.
    43
    44   MR. JUSTICE BELL:  Essentially, you see, the answer is in the
    45        letter which the attorneys wrote.  It might be both
    46        productive, though it is matter for you, if
    47        Mr. Gardner -- you see, there was no detailed answer to
    48        that letter, or I have not seen it if there was, there was
    49        quite a short answer, about half a page of it, which came
    50        eventually. 
    51 
    52   MS. STEEL:   OK. 
    53
    54   MR. JUSTICE BELL:  So if you wanted to adduce from Mr. Gardner
    55        an answer to the letter which appears at page 157 -----
    56
    57   MS. STEEL:   Exhibit 8 might be easier, then we can have the
    58        other advertisements open.
    59
    60   MR. JUSTICE BELL:  Just give me a moment longer.

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