Day 012 - 18 Jul 94 - Page 80
1
Q. I am conscious of the time so I want to move on. If we
2 can consider that formal request for any documentary
details of when the decision was made.
3
MR. JUSTICE BELL: If there is; I have to say "readily
4 available" because I do not see why going back at the
moment seven years every filing cabinet or microfiche has
5 to be got over to see if there was a document. But if
there is documentation readily available which shows when
6 a decision was made with regard to this, it would
obviously help or it might help.
7
MR. RAMPTON: My Lord, I really cannot see it can matter very
8 much because, plainly, it must have been taken by or
before the brochure appeared in April 1986.
9
MR. JUSTICE BELL: At the moment the picture is there is some
10 kind of discussion between McDonald's and the office of
the Attorney General in New York.
11
MR. MORRIS: Yes.
12
MR. JUSTICE BELL: The evidence I have heard so far is that by
13 that time and for some indefinite period of time before
then, McDonald's had been thinking of giving more details
14 as to the ingredients of their foods. It appears there
was some customer interest in that. It suited the
15 interests of the Attorney General of New York that more
information was given.
16
I think in some letter it is clear that he shrank from
17 saying that everything sold should be labelled because,
although it was arguable that items sold in fastfood
18 stores were packaged food in relation to which there was
legislation enforced, there was an argument about that and
19 he could see difficulties over it.
20 The evidence of this witness is that McDonald's had their
motives, the Attorney General in New York had his motives
21 for agreeing that booklet or booklets should be
published. Then McDonald's case is that California and
22 Texas tried to jump on the bandwagon. Mr. Gardner's
statement is to the contrary; that they were forcing
23 McDonald's to do it. That is the issue from then on.
24 MR. MORRIS: If I may make some final points?
25 MR. JUSTICE BELL: That is a summary of where the different
ground lies, is it not?
26
MS. STEEL: I think the more documents that show the actual
27 situation and when everything took place, the easier it is
going to be for, you know, the truth to be seen.
28
MR. JUSTICE BELL: Maybe, but all I can say is that it seems to
29 me there is a relevance in that documentation. That makes
it discoverable. At the moment McDonald's have not
30 discovered it or have not discovered more than they have
given already, which is a way of saying they do not have
