Day 037 - 14 Oct 94 - Page 43


     
     1
     2        The point I am making with this document -- I am not
     3        really going to ask you, Mr. Cox -- is this document
     4        refers to "Good Food, Nutrition & McDonald's" which
     5        actually does refer to the links between diet and diseases
     6        including cancer, but it specifies that facts are
     7        available on request from the office in contrast to the
     8        one before, which is specified as being "available free in
     9        all 165 of our restaurants"?
    10        A.  Yes.
    11
    12   Q.   Just one question to you -- just to say that the one which
    13        we looked at in detail before ---
    14        A.  Yes.
    15
    16   Q.  -- was the one, was it not, which you felt was?
    17        A.  Deceptive.
    18
    19   Q.   "Deceptive", in your words; the second one (which we have
    20        not looked at and I do not intend to look at) is the one
    21        we have looked at many times in this case before, which
    22        includes the links between diet and various diseases.  Do
    23        you want to draw any conclusion from the fact that that
    24        was available from the head office; whereas the first one
    25        was the one in the stores for customers?
    26        A.  It is significant that the one that is available for
    27        the average person in the street does not mention
    28        saturated fat, for example.  The other one, "Good Food,
    29        Nutrition & McDonald's", I understand does.
    30
    31   Q.   The point I am making is about the links, specifying the
    32        link, between diet and diseases, including cancers?
    33        A.  I think it is a question of tailoring your message to
    34        your market.  If the other one was available largely to,
    35        shall we say, health professionals who would be expected
    36        to have a greater degree knowledge of this subject, you
    37        cannot get away with omitting something as important as
    38        saturated fat.  So, you have to show more of the picture.
    39        If you are delivering a leaflet to the average population
    40        who might be expected to be interested in healthy eating,
    41        but nevertheless not have the same sort indepth knowledge,
    42        then you can probably get away with a lot more.
    43
    44   Q.   I think there is a little bit of confusion over exactly
    45        what I am asking, but with some guidance maybe from
    46        Mr. Justice Bell maybe the court could draw a conclusion.
    47
    48   MR. JUSTICE BELL:  Yes.
    49
    50   MR. MORRIS:  It is unfair on the witness because he had not 
    51        actually seen the other pamphlets. 
    52 
    53   MR. JUSTICE BELL:  No, refer me to this and ask me to draw any
    54        conclusion which you think it is reasonable to draw from
    55        this wording.
    56
    57   MR. MORRIS:  Yes. (To the witness):  You can put that file away
    58        now, Mr. Cox.  I am trying to move through a bit quicker
    59        than before.  On your page 7 of your statement, you say:
    60        "The latter comment", this is in the Plaintiff's

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