Day 012 - 18 Jul 94 - Page 30


     
     1        advice was remains a matter of confidence between the
              client and the lawyers -- is it the same in the United
     2        States?
              A.  Yes.
     3
         Q.   I will not ask you what the advice was, but I do ask you
     4        this:  In the light of the advice you were given by
              Mr. Califano and his two junior partners, did you at
     5        McDonald's have any concerns about the legality of any of
              these advertisements?
     6        A.  We did not.
 
     7   Q.   What other independent persons were these advertisements
              submitted to prior to publication?
     8
         MR. JUSTICE BELL:  I may have not followed, Mr. Rampton.  Is
     9        this submission before the advertising campaign or in the
              light of this letter?
    10
         MR. RAMPTON:  I am sorry, my Lord. I did ask whether it was in
    11        their preparation and submitted to independent persons;
              the first category were the lawyers.
    12        A.  These were many months prior to the structuring of the
              advertisements.  In addition, in terms of lawyers,
    13        although not in the employ of McDonald's, we submitted
              them; they were reviewed thoroughly by Leo Burnett, our
    14        advertising agency's legal department, a group of eight
              lawyers who specialise in this type of work.  They were
    15        also reviewed by a company nutritionist, who is both an
              attorney and has a PhD and Masters in nutrition.
    16
         Q.   Who is that?
    17        A.  Michael Goldblatt.  They were submitted to outside
              nutritionist expert leaders; my recollection is not just
    18        in the United States but also outside the United States
              for their comments.  In addition, on my own I submitted
    19        the advertisements to a cardiologist, a noted
              cardiologist, who specialises in this area, as well as a
    20        bariatric medicine specialist, who specialises in
              nutrition and weight loss for their opinions.
    21
         Q.   When you said a cardiologist specialises in this area, do
    22        you mean in the relationship between diet and heart
              disease?
    23        A.  That is correct.
 
    24   Q.   As we are on this topic, can we just have a look at one of
              the documents in the file, please, which is 9A, page
    25        186A?  This is a letter or memorandum from Leo Burnett who
              (and still are) McDonald's advertising people? 
    26        A.  That is correct. 
  
    27   Q.   Are Leo Burnett owned by McDonald's?
              A.  They are not.
    28
         Q.   Are they a big firm of advertising agents?
    29        A.  They are one of the largest, perhaps the second
              largest, in the world.
    30
         Q.   You said they have their own legal department?

Prev Next Index