Day 057 - 29 Nov 94 - Page 33


     
     1   MS. STEEL:  Also there was the chart that we were looking at
     2        just before lunch that was in the Annual Report, it was not
     3        just for the figures of McDonald's food; it was for the
     4        calorific values etc. of the other foods that were listed
     5        there as well.
     6
     7   MR. JUSTICE BELL:  Yes, very well.  I can see there might, in
     8        fact, turn out to be more difficulty about that because it
     9        may have been based -- it may not be possible to know what
    10        it was based on now; if it is, it may be based upon some
    11        general publication which may or may not be available, but
    12        I hope that some enquiry will be made about that in
    13        addition to the highlighted items, McDonald's items.  What
    14        about the 1987 US advertising campaign document?
    15
    16   MR. MORRIS:  Yes.
    17
    18   MR. JUSTICE BELL:  I have to say that I think this is right on
    19        the fringe of things because, at the end of the day, it
    20        does not matter too much what the Attorney Generals, or may
    21        not matter what they thought of it, it is what I thought of
    22        it.  If I think it was deceptive, it did not matter that
    23        McDonald's did not particularly or might not.  On the other
    24        hand, if I did not think it was deceptive, it might not
    25        matter that the Attorney Generals do.
    26
    27        By all means, pursue the question of disclosure but whether
    28        at the end of the day, again among all the evidence, what
    29        the Attorney Generals thought is a matter of great
    30        importance in the case, we will have to see.
    31
    32   MS. STEEL:  I would say that if the Plaintiffs' amendment F2 is
    33        allowed, "despite knowing it is an accepted medical fact
    34        deliberately and dishonesty conceal that fact from the
    35        public by publishing nutritional guides" etc., it would be
    36        absolutely central to that issue, the question of their
    37        knowledge and the concealing of that knowledge and
    38        portraying their food as something other than what, in
    39        reality, it is.
    40
    41   MR. JUSTICE BELL:  I do not want to get bogged down on this,
    42        because I would rather deal with the question of
    43        discovery.  But why do you say what the Attorney Generals
    44        actually thought is decisive of the matter?
    45
    46   MR. MORRIS:  No, the document we are trying to discover is the
    47        memo of McDonald's prelaunch meeting which discussed --
    48        this is the blanked out document, is that the one we are
    49        talking about?
    50 
    51   MR. JUSTICE BELL:  Yes, I thought you were aiming at that with a 
    52        view to how long it was intended it should last. 
    53
    54   MR. MORRIS:  That is part of it.  You also said that a matter of
    55        contention is the area of deceptiveness in the intent and,
    56        obviously, the debate that took place at that meeting.
    57
    58   MR. JUSTICE BELL:  Yes, I see.
    59
    60   MR. RAMPTON:  I intervene to say this, if I may, at this stage

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