Day 025 - 16 Sep 94 - Page 22


     
     1   Q.   Nine milligrams of cholesterol and 4.6 grams of saturated
     2        fat.  Do you use the same equivalence as we do, that one
     3        gramme of fat gives you nine calories?
     4        A.  Yes.
     5
     6   Q.   Roughly speaking.  If I have understood what you were
     7        telling us yesterday, your criticism of this advertisement
     8        is a specific one, namely, that it is in some sense
     9        deceptive to give the saturated fat content of the french
    10        fries but not that of the regular hamburger.  Have I got
    11        that right?
    12        A.  On this page of this advertisement?
    13
    14   Q.   Yes, it is the second page.
    15
    16   MR. MORRIS:  You are looking at a different page.
    17
    18   MR. RAMPTON:  It is a two page advertisement, Mr. Morris.  (To
    19        the witness):  We can go back to your letter  -- I think
    20        it is the best way of doing it -- of 24th April 1987.
    21        I will read you out what it says.  There is no need for
    22        you to look it up.  You can be confident I shall not
    23        misread it:
    24
    25        "The cholesterol ad emphasizes the relatively low (29
    26        milligram) cholesterol content of the regular hamburger,
    27        but doesn't even mention the saturated fat content, much
    28        more relevant to those with cause for concern about heart
    29        disease."   That is what either you or Mr. Mattox wrote on
    30        24th April 1987?
    31        A.  Yes, sir.
    32
    33   Q.   You maintain the validity of that criticism?
    34        A.  Yes, sir.
    35
    36   Q.   Is it necessary -- you are no longer doing it, I know --
    37        when you are a guardian of the public interest in the
    38        Attorney General's office concerned to protect the public
    39        against misleading advertisements, is it necessary to
    40        retain a degree of balance and objectivity about your
    41        work?
    42        A.  What do you mean by "balance and objectivity"?
    43
    44   Q.   Do you recognise that people who advertise also have an
    45        interest in not being beset by frivolous complaints?
    46        A.  Yes.
    47
    48   Q.   Tell me then, please, Mr. Gardner, where is the emphasis
    49        given to the cholesterol content of the regular hamburger?
    50        A.  In the same sense as earlier this morning you were 
    51        asking me about, or you were pointing out to me in the 
    52        other ad, the sodium ad, talking about one point that I 
    53        had to go and search for, the emphasis is in the visual,
    54        the illustration, in this sense the chart, which is other
    55        than text, other than the body copy; it is included in the
    56        advertisement and, therefore, emphasised by McDonald's.
    57        I believe I said that yesterday.  Where it is is in the
    58        upper right of the second page of this advertisement,
    59        nutrition information.  I cannot recall the text and
    60        I believe Mr. Horwitz had testified that it was not, the

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