Day 064 - 08 Dec 94 - Page 64


     
     1        A.  I do.
     2
     3   Q.   Do you know about the legal action that was taken in France
     4        against the use of unlawful additives?  Do you know about
     5        that situation, the milk shake, McDonald's was fined 10,000
     6        francs?
     7        A.  No, I am sorry I do not.
     8
     9   Q.   It was in 1986.  If I just read out that section: "In 1986
    10        the company's distributor was Europa which imported the
    11        products or purchased them locally.  At that time Europa
    12        obtained toppings for Sundaes from an independent Canadian
    13        supplier which supplied the toppings to both UK and French
    14        markets. The toppings for the English restaurants contained
    15        an additive which was permitted in the United Kingdom but
    16        not permitted in France."  You do a lot of moving about of
    17        produce around different countries; that is an
    18        understatement probably?
    19        A.  I am very surprised by the 1986 comment in the UK.
    20
    21   Q.   This is in France.  The government's reaction in France or
    22        they were prosecuted in France for using in milk shakes two
    23        colourants that were not permitted.  They were permitted in
    24        the UK but they were not permitted in France.
    25
    26   MR. JUSTICE BELL:  The suggestion is the Canadian suppliers
    27        supplied both the UK and France.  The topping met British
    28        requirements, I think somewhere it was said it was assumed,
    29        therefore, that it would be OK in France, but that was a
    30        fault assumption because it broke French law hence the
    31        prosecution.
    32        A.  OK.
    33
    34   MR. MORRIS:  Based on that do you know that once that was found
    35        whether any action was taken, but if you do not know
    36        anything about it ----
    37        A.  In France?
    38
    39   Q.   Against either the supplier or people in McDonald's?
    40        A.  I would imagine they changed the product but
    41        I honestly -- it is not within my knowledge, so.
    42
    43   Q.   What I am saying if this is true, and this is McDonald's
    44        own witness statement, that is not that something that
    45        would worry you as someone who is responsible for the whole
    46        of Northern Europe and the UK that products may be moving
    47        around -----
    48
    49   MR. JUSTICE BELL:  Moving around from where?
    50 
    51   MR. MORRIS:  A lot of products produced in one country and 
    52        distributed in other countries for McDonald's, is that 
    53        correct; you have said yourself that you would like to see
    54        a lot of the products made in this country and exported to
    55        the rest of Europe?
    56        A.  I did say as long as it meets the country legislation.
    57
    58   Q.   Yes.  What I am saying is, how could a situation like this
    59        have arisen where nobody checked whether a product
    60        conformed with the specifications in a different country?

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