Day 024 - 15 Sep 94 - Page 46
1 up only when they have numbers that can back that up by
2 being selective in the information they are giving folks.
3
4 Had they chosen to -- I do not believe that, for instance,
5 in this ad any of those -- I may be wrong -- I do not
6 think any of those four products is mentioned; yet in the
7 chart they selected products that were relatively low in
8 sodium. The only one that is higher in sodium of a nature
9 to be concerned would be the nuggetts and especially the
10 regular cheeseburger. Those are, nonetheless, lower than
11 many of the other entree products that McDonald's serve.
12
13 Q. I was going to go on to the second one, but I am not sure
14 whether there is any need to do it, because did not
15 Mr. Horwitz say that he accepted that there was something
16 wrong with that advertisement anyway?
17
18 MR. RAMPTON: What he accepted was that there was an error, but
19 not the errors catalogued by Mr. Gardner in his letter of
20 24th April.
21
22 MS. STEEL: OK. We will look at that advert.
23
24 MR. JUSTICE BELL: I think you had better deal with it
25 because what the effect of his evidence, as I understand
26 it, was that there was an error. It was not the error set
27 out in (2) because sodium hexametaphosphate is a
28 stabilizer and not a preservative. In any event I took it
29 that the effect of his evidence was that any inaccuracy
30 was insignificant because it was only in the fluid ounce
31 of flavouring that one found any added chemical.
32
33 MS. STEEL: I actually thought it was a bit stronger than
34 that.
35
36 MR. JUSTICE BELL: I do not know if it is going to be argued
37 that if you read a fluid ounce of flavouring, since it
38 does not say "natural flavouring", people might assume
39 that flavouring may include some added chemical, but that
40 point has not been taken yet. But there we are.
41
42 MS. STEEL: It is on page 111.
43
44 MR. JUSTICE BELL: Essentially, you see, the answer is in the
45 letter which the attorneys wrote. It might be both
46 productive, though it is matter for you, if
47 Mr. Gardner -- you see, there was no detailed answer to
48 that letter, or I have not seen it if there was, there was
49 quite a short answer, about half a page of it, which came
50 eventually.
51
52 MS. STEEL: OK.
53
54 MR. JUSTICE BELL: So if you wanted to adduce from Mr. Gardner
55 an answer to the letter which appears at page 157 -----
56
57 MS. STEEL: Exhibit 8 might be easier, then we can have the
58 other advertisements open.
59
60 MR. JUSTICE BELL: Just give me a moment longer.
