Day 025 - 16 Sep 94 - Page 62


     
     1        A.  It was not in writing.  It was as a matter of various
     2        contacts.  It might have occurred as part of the
     3        Los Angeles meetings; I suspect rather it occurred
     4        subsequently.  But I cannot tell you any details of that
     5        because my recollection on that aspect of it is very dim.
     6        Primarily, my recollection is somewhat refreshed by
     7        reading what I said to the AP reporter as quoted in the
     8        article before the court.
     9
    10   MR. JUSTICE BELL:  Had any of the other large chains like
    11        Burger King -- there was another one mentioned -- was it
    12        Jack-in-the-Box?
    13        A.  I have mentioned Jack-in-the-Box, yes, sir.
    14
    15   Q.   Had any of those published booklets with ingredient and
    16        nutritional information in any States, as it appears
    17        McDonald's had, in fact, in a limited number of States
    18        before you came on the scene?
    19        A.  Ones that were available in the restaurants or in
    20        all?
    21
    22   Q.   Had any of them made an arrangement comparable to the
    23        arrangement which McDonald's had made in New York ---
    24        A.  Not to the -----
    25
    26   Q.   -- New Jersey, Connecticut and District of Columbia, that
    27        you are aware of?
    28        A.  I believe that some of the restaurant chains had
    29        similar ingredient brochures available.  I do not believe
    30        that any of them made those available (although I may be
    31        in error on that) at the individual restaurants, at the
    32        drive-through or whatever.  So I would say that what
    33        McDonald's had agreed to with New York was relatively, if
    34        not totally, unique in terms of getting ingredient and
    35        nutrition information available at point of purchase for
    36        their customers.
    37
    38   Q.   That was a new move in the industry, was it?
    39        A.  My memory is that it was; that was frankly the reason
    40        we decided to try to spread that across into the citizens
    41        of our states, both for McDonald's and for the other
    42        companies.
    43
    44   MR. RAMPTON:  It was an initiative for which McDonald's deserve
    45        some considerable credit, do you agree?
    46        A.  No, it was an initiative for which the New York
    47        Attorney General deserves considerable credit.  McDonald's
    48        only agreed to do that, I believe, in order to avoid a law
    49        suit.  I congratulate -- if I were in the New York
    50        Attorney General's shoes and were asked what to do, I too 
    51        would congratulate McDonald's for taking the initiative. 
    52        If you want to know what I think, no.  There too 
    53        McDonald's did not show up at the Attorney General's
    54        office saying:  "Hey, Bob, we would like to put our
    55        brochures and would like to give you half the credit for
    56        it".  They only came to that agreement after lengthy
    57        negotiations that I cannot testify to but of which I am
    58        aware.
    59
    60   Q.   Mr. Gardner, are you telling us that, in your opinion, the

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