Day 025 - 16 Sep 94 - Page 18


     
     1        additional sources of fat, sodium and cholesterol, but the
     2        minimum additional servings recommended.
     3
     4        That does not mean that you should stop with two servings
     5        of low fat dairy products, four servings of fruits and
     6        vegetables and one serving of protein, but merely that in
     7        order to get the recommended minimum from the four basic
     8        food groups that have not been supplied by McDonald's, you
     9        must eat at a minimum these additional seven servings.  It
    10        does not say that you must not, having eaten at
    11        McDonald's, have a product that contains any significant
    12        amount of sodium or fat.
    13
    14        So, what they are saying here is not what I was saying,
    15        except to the extent that it proves my point.  McDonald's,
    16        claiming to provide a balanced diet with their good food,
    17        says that their good food will allow you to move fairly
    18        far along the scale of the minimum recommendations from
    19        the four basic food groups, without telling you that it
    20        has also gotten you virtually over the halfway point on
    21        the nutrients of fat and sodium that must be avoided in
    22        the diet.
    23
    24   Q.   You did see, did you -- perhaps I went over it too quickly
    25         -- the left-hand column, "Seven keys to building a good
    26        diet"?  In the left-hand column:  "Eat a variety of
    27        foods.  Maintain a desirable weight.  Avoid too much fat,
    28        saturated fat and cholesterol.  Eat foods with adequate
    29        starch and fibre.  Avoid too much sugar.  Avoid too much
    30        sodium.  If you drink alcoholic beverages, do so in
    31        moderation", and so on and so forth.
    32
    33        Do you see that?  This does form part of McDonald's own
    34        advertisement, does it not?
    35        A.  The error of this advertisement is of the global
    36        versus specific nature.  I did see that, yes, sir.  I also
    37        recognised, I would not want to spend the court's time
    38        (although I will, if you ask) going through, telling
    39        whether I agree with each and every statement herein.  But
    40        assuming that each and every statement herein is and of
    41        itself true, it goes to make my point that the
    42        advertisement can, nonetheless, be deceptive because what
    43        this advertisement -- first, in analysing an
    44        advertisement, the first thing you do is to look at the
    45        image, the body copy as the text of the advertisement, as
    46        it is called, is really secondary to the impression that
    47        is conveyed to the average consumer, especially the
    48        consumer flipping through the magazine.  These, I believe,
    49        and if you would correct me if I am wrong, these pages
    50        were in -- as appear in this booklet as they appeared in 
    51        magazines.  This Balance at page 1 would be on page 36, 
    52        and this next page would be on page 38. 
    53
    54        Looking at the image, the immediate impression conveyed,
    55        especially to the idle browser through the magazine, all
    56        we see is "McDonald's Food" and "Balance" on the first
    57        page and "McDonald's good food" and "Balanced diet" on the
    58        second.
    59
    60   Q.   It is true to say, is it not, Mr. Gardner, you can go to

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