Day 025 - 16 Sep 94 - Page 25


     
     1
     2   Q.   If you would not mind saying "yes" because the recording
     3        machine has to have your answer.
     4        A.  I thought you were talking to the court, Mr. Rampton.
     5        I apologise.
     6
     7   Q.   Will you, please, turn to page 42?  You will find
     8        nutrition information per serving of other items, yes?
     9        A.  Yes, sir.
    10
    11   Q.   The first column in "Other Items" is the french fries, is
    12        it not?
    13        A.  Yes, sir.
    14
    15   Q.   It gives the total fat as 11.5 grams, then it splits the
    16        fats up, leaving saturated fatty acids as 4.61 grams,
    17        which, to within a hundredth of a gramme, is what is
    18        stated in the advertisement, is it not?
    19        A.  Yes, sir.
    20
    21   Q.   Please go back to the sandwiches page, page 40.  The first
    22        column is the regular hamburger; again fat 11.3 grams,
    23        saturated fatty acids 4.43 grams.  Is that right?
    24        A.  Yes, sir.
    25
    26   Q.   Which is somewhat less than the french fries, is it not?
    27        A.  For the saturated fats, yes.
    28
    29   Q.   Tell me this, what unfair commercial advantage do you
    30        think McDonald's expected to achieve by suppressing the
    31        fact that the saturated fat content of the regular
    32        hamburger was less than that of the french fries?
    33        A.  My only conclusion was that McDonald's intentionally
    34        set about to deceive.  I do not have a conclusion as to
    35        what McDonald's unfair advantage it sought to obtain might
    36        have been.
    37
    38   Q.   If McDonald's are trying to con the public (which is what
    39        you are alleging against them) surely one piece of
    40        information they would not have suppressed is the
    41        information that the regular hamburger has a relatively
    42        low saturated fat content, would they?
    43        A.  If McDonald's were trying to educate the public they
    44        would not have suppressed that either.  That is the
    45        viewpoint that I was approaching it from, not from your
    46        supposition.  If they do want the public to have the facts
    47        concerning their products they should give all the facts
    48        that are relevant to those products.
    49
    50   Q.   I want to know that I have this absolutely right, so that 
    51        when Mr. David Green comes to court later on in this trial 
    52        he will be able to deal with it.   Your assertion is this, 
    53        that McDonald's deliberately set out to mislead the public
    54        so as to get an unfair advantage in the market by
    55        suppressing the saturated fat content of the regular
    56        hamburger; is that correct?
    57        A.  No, sir.
    58
    59   Q.   Tell me exactly what the grounds are on which you allege
    60        or assert a deliberate intention to deceive with this

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