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

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