Day 070 - 20 Dec 94 - Page 43
1 MR. MORRIS: I know it was in the bundle nutrition pink VIA.
2 I think it was 35.
3
4 MR. JUSTICE BELL: Yes.
5
6 MR. MORRIS: It was 35 in pink VIA. Our basic point is that the
7 blanked out material clearly contains relevant matters of
8 which the two main issues are the intent of the Plaintiffs
9 in the advertising campaign and the content of the ads, and
10 also in the scheduling -----
11
12 MR. JUSTICE BELL: Where do you go from that today, so far as
13 any application today is concerned?
14
15 MR. MORRIS: Partly, there are matters in it which we would want
16 to put, that we would have put, to their and our witness,
17 had this been disclosed as it now has been. I do not think
18 it would necessarily benefit anyone to recall both
19 witnesses.
20
21 It includes points where they clearly changed the text of
22 their adverts at the last minute. There is one point where
23 it says on the second page, for example, on the cholesterol
24 ad: "We purposefully do not put the food in the art because
25 we did not want to position McDonald's food next to the
26 word 'cholesterol'", which is something we may wish to
27 question Mr. Horwitz or Mr. Green about, who were present
28 at this meeting. That is just one example.
29
30 MR. JUSTICE BELL: You can make your comment to me about that in
31 the future, can you not, and ask me what conclusion
32 I should draw from that?
33
34 MR. MORRIS: Yes. The main point, really, that I am making,
35 I think particularly interesting is the second document,
36 dated January 13th, when it talks about -- for example,
37 under "background", in the second quarter, it was talking
38 about emphasising the general subject up front, and things
39 like that, indicating the purpose of the campaign.
40
41 I know this goes to the question of whether the campaign,
42 in effect, continued as started, which we obviously submit
43 that it did not; it ceased, effectively, from the moment
44 they were written to by the Attorneys General.
45
46 So what I am saying is, we can look at this in various
47 ways. Obviously, we now have the document, so we are not
48 applying for anything specific. Secondly, it is an
49 important issue in the case, because it goes to
50 deceptiveness in their nutrition claims, which is actually
51 quoted in the leaflet, in the factsheet. If you remember,
52 the factsheet says, basically, that they deceived
53 people -----
54
55 MR. JUSTICE BELL: I do not want to cut you short but ---
56
57 MR. MORRIS: What am I saying -----
58
59 MR. JUSTICE BELL: -- what is your application here?
60
