Day 024 - 15 Sep 94 - Page 43
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2 MR. MORRIS: It is helpful. His exhibits, the actual page
3 numbers are not mentioned, whereas in the bundles we have
4 the helpful page numbers so at least we all know what we
5 are looking at.
6
7 MR. JUSTICE BELL: What I am suggesting is if Mr. Gardner has
8 page 2 of his Exhibit 7, which is the letter of
9 24th April ---
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11 THE WITNESS: I do, your Lordship.
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13 MR. JUSTICE BELL: -- by his right hand, then you can start, if
14 you like, you started with balance. You can refer him to
15 any other pages you like, but it would probably help me if
16 when you get to the individual ads, you start with salt
17 because that is (1), go to real milk because that is (2)
18 and then cholesterol because that is (3). If you want him
19 to add anything to what is in (1), (2) or (3), by all
20 means ask him, but otherwise I can read what is in (1),
21 I can read what is in (2) and I can read what is in (3).
22 You do it your own way though. Do you understand what
23 I am suggesting?
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25 MS. STEEL: Yes, that is OK.
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27 MR. JUSTICE BELL: Because then I can relate it to a document,
28 namely, page 2 of that letter.
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30 MS. STEEL: OK, going through the letter then.
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32 MR. MORRIS: We are looking at it in the bundle now, yes.
33
34 MS. STEEL: It is 107 we actually want to look at. Looking at
35 your letter and at the advertisement, could you just run
36 through what was the problem with this advertisement?
37 A. I will return to it, but I would point out first that
38 these three examples were introduced and were concluded by
39 stating that they were examples only, and that there were
40 other problems in specific. But in this one the "Less
41 than a pinch" ad, beginning at page 106, the problem in
42 general was that, from what we could tell from this
43 document as well as from our reference to other
44 nutritional information regarding McDonald's food -- we
45 had their brochure handy and we could use it -- we had
46 concluded that that advertisement specifically violated
47 Texas law by saying that sodium was down across the menu.
48
49 Q. What impression do you think that would give to consumers?
50 A. That by and large the sodium across the menu and not
51 as to one or two or even five items in the menu had been
52 lowered; that there might be some items where it had not
53 been lowered but, as a general rule, there was less sodium
54 in McDonald's food line than there had been previously.
55 Because, in fact, it was not so lowered, we deemed that
56 statement to be false and deceptive and, therefore, in
57 violation of the Texas Deceptive Trade Practices Act.
58
59 It was necessary, of course, for us to reach a
60 determination as to whether or not an ad was false,
