Day 024 - 15 Sep 94 - Page 49
1
2 I also do not, frankly, believe their express desire that
3 they wanted to make it more accessible to consumers, the
4 facts they need to make their own important choices; if
5 so, then they would have given those facts to consumers in
6 the advertisements at issue. As I had said earlier, they
7 only gave positive facts and omitted the negative facts.
8 When they were referring to cholesterol or, rather,
9 saturated fat in a product or cholesterol in the products,
10 they did not tell a bad story about it, only the good
11 story.
12
13 Q. Perhaps if you could read through the rest of that page
14 and say if there is anything else -- bring things up as
15 you are reading -- you want to say in answer to that?
16 A. As I had said previously, McDonald's in that first
17 full paragraph on page 2 say that they voluntarily
18 extended their brochure programme eventually to the entire
19 nation. As I have previously testified -----
20
21 MR. JUSTICE BELL: We have really been through that, have we
22 not, this morning?
23
24 MS. STEEL: But basically you dispute that paragraph, to sum
25 it up?
26 A. I continue to, yes.
27
28 MR. JUSTICE BELL: I do not want to steer you away from
29 anything which you think is important, perhaps at the
30 bottom of that page and the top of the next, they are
31 saying that really the booklets followed by this campaign
32 are part of, taken together, a consistent attitude by
33 McDonald's?
34 A. I would agree with them that it was a consistent
35 attitude. I would disagree with their conclusion that it
36 was part of an attitude to educate the public.
37
38 Q. Then the company's intent, paragraph (2)?
39 A. I believe I have previously testified to every point
40 I would raise in response to that paragraph. I would
41 advise the court as to the support for our conclusion that
42 they acted with intent, there is further evidence before
43 the court that I have not seen but it does shore up that
44 conclusion, and I believe I also did discuss, albeit a
45 little briefly, that McDonald's has not done precisely
46 what in this case Attorney General Maddox' staff urged
47 McDonald's to do. As I said, what we urged them to do was
48 to find the way to make the book, the fact of the booklets
49 known to individuals not to advertise their products as
50 nutritious when they were not.
51
52 MS. STEEL: Unless you have anything else important you want
53 to say, if we go on to the specific advertisements
54 themselves? You may have done it for the first, the
55 sodium one, in any event, but if there is anything you
56 would answer in relation to what they have said, then if
57 you could say so.
58
59 MR. JUSTICE BELL: Particularly the footnote perhaps. What
60 I want to know really, without prejudice to anything
