Day 012 - 18 Jul 94 - Page 18
1 tell us anything about that July 7th telephone call, Mr.
Horwitz?
2 A. I was present on that telephone call. We made the
call as a matter of courtesy in order that the Attorneys
3 General would not be surprised or taken aback by our press
release.
4
Q. Were there, in fact, two telephone calls or were the
5 Attorneys General together in one room, on one phone link
up?
6 A. I cannot remember.
7 Q. Do you recall who it was that you spoke to on behalf of
the Attorney General of Texas?
8 A. It would have been Mr. Gardner.
9 Q. It goes on: "We did not discuss the details of this
nationwide program, but we told your representatives that
10 we thought the company's plans would meet most, if not
all, of your concerns. We offered to make the current
11 draft of the booklet immediately available to your offices
and to discuss any suggestions your offices might have
12 about its specific content". Is that accurate, so far as
the telephone call is concerned?
13 A. That is correct, and the booklets were sent.
14 Q. "7. McDonald's did not breach any agreement to participate
in some sort of co-ordinated press statement. In fact,
15 McDonald's was never even asked to participate in a
co-ordinated announcement". True or false?
16 A. That is correct. That is true.
17 Q. "Nor was the company ever asked to withhold public
announcement of its plans until you had issued a statement
18 on this subject. When McDonald's made the decision to
extend the New York test program nationwide, it naturally
19 and quite properly sought to bring that decision to the
public's attention". I need not ask you to comment on
20 that nor, indeed, on any of the rest of this letter.
21 If you turn over the tab to tab 12, Mr. Horwitz, we see a
response, what we may take to be a response, from the
22 Attorney General of Texas. If we turn to page 193, we see
it is signed by Stephen Gardner?
23 A. Yes, we do.
24 Q. It is addressed to you at McDonald's?
A. Yes.
25
Q. With a copy to one of your attorneys at Dewey Ballantine,
26 Mr. Rosberg?
A. That is correct.
27
Q. It reads:
28
"Dear Mr. Horwitz,
29
We are writing, first, to express our appreciation for
30 your company's voluntary agreement to make national
disclosure of ingredient and nutrition information, and,
