Day 012 - 18 Jul 94 - Page 74
1 the fact of the matter was if there was someone had an
allergy or someone who had a concern about eating a
2 particular type of food, all they had to do was call our
offices collect and they could get whatever information
3 they needed.
4 MR. JUSTICE BELL: I think the point being taken is that is the
second part of what is vouched for there, that is as well
5 as brochures intended for persons on calorie, sodium or
cholesterol restricted diets", but the first part of the
6 sentence says: "Over the past ten years the company has
taken the lead among quick-service restaurants by
7 distributing brochures setting out full nutrition
information". Then a little later: "These materials have
8 been placed in restaurants from time to time." That is
right, is it?
9 A. At the time this was written in July 1986, the
brochures were already being widely distributed since
10 April of that year.
11 Q. It starts over the past ten years?
A. I understand that. I am pointing that out as one of a
12 number of factors. We had many, many brochures which had
nutritional information in them but were not necessarily
13 available in every store. They had to be requested from
headquarters.
14
MS. STEEL: That was the concern of the Attorney General, was
15 it, not to have the information available in all the
stores?
16 A. They wanted comprehensive nutritional information
available in every store.
17
Q. At that time McDonald's was not doing that?
18 A. That is correct. It was not available in every store
for instant taking.
19
MR. RAMPTON: I do not know if it helps, it does save some time
20 in the end if people do not argue in ignorance of what are
easily verifiable matters of fact. If one looks at page
21 59AA and AB in section 4D -- I can, of course, wait for
this in the re-examination but that is a bit theatrical --
22 one can see, at any rate, what McDonald's was saying they
made available in 1985/6.
23
MISS STEEL: Does that actually say they are available in
24 stores?
25 MR. RAMPTON: Yes. If you read the end of document, the last
unnumbered paragraph on 59AB.
26
MS. STEEL: We are in a bit of difficulty here because the
27 plaintiffs have not disclosed the document.
28 MR. JUSTICE BELL: It may not matter at the end of the day.
I am just querying the last 10 years because that might be
29 interpreted as saying it has been there since 1976.
30 MR. RAMPTON: My Lord, yes, but it does say in the second
paragraph -- I do not know if it is true; that is a
