Day 012 - 18 Jul 94 - Page 29
1 Q. Could you tell us this, Mr. Horwitz: When this
advertising campaign was being conceived and prepared, did
2 McDonald's take any outside advice about it?
A. We took a great deal of outside advice from many -----
3
Q. I take it in stages: Did you take legal advice?
4 A. Yes, we did.
5 Q. Do you mean the views of Mr. Horwitz and Mr. Shelby
Yastrow were not sufficient?
6 A. That is correct. We also consulted with the Dewey
Ballantine Bushby firm in Washington, which is one of the
7 most prominent firms in the country.
8 Q. As we will see in a minute, one of the partners in Dewey
Ballantine is a man called Josi Califano?
9 A. Yes.
10 Q. He signs some of the letters written on behalf
of McDonald's in this matter. Can you tell us a little
11 bit about Mr. Califano's provenance?
A. Yes, I can. Mr. Califano, who was the lead attorney
12 for the McDonald's corporation, was the former secretary
of health, education and welfare of the entire United
13 States. He was the senior person in the United States and
responsible for the various acts, not only the enactment
14 but also modifications to a number of these acts; the food
and drug laws, the Department of Agriculture laws, the
15 Fish Act, Poultry Act, under which we operated. It was
for that reason we went to him.
16
Q. At what date did he leave the government and join Dewey
17 Ballantine, do you know?
A. He served during the Carter, President Carter's
18 administration and left shortly after.
19 MR. JUSTICE BELL: Did it happen that way round, or was he
always with the firm and then attempted away to government
20 for a period?
A. I just do not recall.
21
MR. RAMPTON: You tell us these advertisements were submitted
22 to Dewey Ballantine?
A. Yes, it was one of the places we submitted.
23
Q. Did Mr. Califano have an input into the advice given in
24 relation to these advertisements?
A. Yes, Mr. Califano personally reviewed all of these, as
25 did his two junior partners who he brought out of
government with him, who he considered to be two of the
26 leading experts in the country on food and drug
administration and United States Department of Agriculture
27 laws.
28 Q. Who were they?
A. Gerald Rosberg, who you see as a signatory on some of
29 these, and the more junior partner, Kevin McInneny(?).
30 Q. That is the legal side of things. We have a rule here, as
I expect you do in the United States, that what the actual
