Day 012 - 18 Jul 94 - Page 70
1 documents. This document, this letter, was not one of
them.
2
MR. RAMPTON: No, my Lord. Might I explain for the benefit of
3 the defendants so that they understand what the Civil
Evidence Act notice does, it is not to just identify
4 relevant documents, it is to render the statements made in
the document evidence of the truth of what is there said.
5 It would follow that I wish to put a Civil Evidence Act
notice on anything that Mr. Mattox or Mr. Gardner might
6 have said.
7 MS. STEEL: It was not disclosed by the plaintiffs either.
Perhaps I will just read it out: "The Attorneys General
8 of California and Texas have examined our respective
... (reading to the words) ... sold by your company
9 amongst others. We have noted that your company does not
include ingredient or nutrition labelling information on
10 the premises which is available to customers."
11 As far as you are aware, in May 1986, is that correct,
that you were not providing ingredient information on the
12 premises?
A. I have not got my dates confused, that is, with the
13 exception of New York which, I believe, we started in
April and then progressed over the next few months into
14 the other states which I mentioned to you, New Jersey,
Connecticut and Washington. These booklets were not
15 uniformally available throughout the United States.
16 Q. Right. "We have not as yet determined whether formal
actions by our offices are warranted. Prior to making
17 that determination we would welcome discussion with your
company on the issues. We are seeking to meet with
18 representatives of the leading fastfood chains in the
country. We will be setting up individual meetings with
19 each of the companies during the week of May 19th 1986 in
the Los Angeles office of the California Attorney
20 General. The meetings will be held jointly with
representatives of both Attorneys General. Please contact
21 to arrange a mutually convenient time.
22 We are concerned with the possibility of immediate or long
term health risks to individuals who are allergic to
23 certain products. With the availability of information
necessary to customers with dietary restrictions, and with
24 the need and desirability of ingredient and nutrition
comparisons, disclosure of ingredients such as yellow
25 ... (reading to the words) ... to evaluate potential
healths risks and to obtain valuable dietary information.
26
In order to discuss these issues in a comprehensive
27 fashion, we would appreciate your being prepared to
discuss your current policy with regards to disclosure of
28 the ingredients in your products, your understanding of
labelling requirements on your products under our
29 respective states' food, drug and cosmetics Act, section
attached, and the current packaging of your product and
30 your product's ingredients and nutritional components."
