Day 013 - 19 Jul 94 - Page 22


     
     1   MR. JUSTICE BELL:  If you feel you can answer it, please do.
              A.  As I said to you from the very beginning, I believe
     2        McDonald's foods provide nutrition.  I am not exactly sure
              what your question is asking me.  We are not selling
     3        health food, as you go to a health food store.
 
     4   MR. MORRIS:  But in surveys the company has done it is
              recognised, is it not, that virtually nobody says they go
     5        to McDonald's because the food is nutritious?
              A.  I am the wrong person to ask about those surveys.
     6
         Q.   Let us just refer to one of those surveys then.
     7        A.  Where are you looking at?
 
     8   Q.   I am just trying to find where that survey is.  Yes, if we
              go to the last tab.
     9
         MR. JUSTICE BELL:  Let me ask you, before you put that, where
    10        we are going to on this point with this witness?  I can
              see you might refer me in due course to a survey, and if
    11        it has one of the questions "why people go to McDonald's
              is nutrition", apart from fun or whatever else, the
    12        questions may be they have a remarkably low score on
              nutrition, that might speak for itself.  Where does it
    13        take us with this witness?
 
    14   MR. MORRIS:  We have a little bit of a problem because there
              are no nutritional witnesses coming from America for the
    15        first plaintiff.  Therefore, it is unfortunate we have to
              ask Mr. Horwitz ----
    16
         MR. JUSTICE BELL:  Let us have a look at the document to see if
    17        it will stand on its own.
 
    18   MR. MORRIS:  I am quite happy to move on and maybe put it to
              the British nutritional witness, but I do not know why
    19        they have not called a witness from America to deal with
              the nutrition issue.
    20
         MR. JUSTICE BELL:  It is entirely up to them who they call.  At
    21        the end of the day we will look at the evidence.  If you
              want to argue that was something which they would have
    22        answered if they could, you can make that point to me.
 
    23   MR. MORRIS:  Yes.  To save time I will leave out that survey
              for the moment.  I will make a mental note to bring it up
    24        later on.
 
    25        Just to go back to the memo:  "Rather than fight a
              defensive war of attrition by responding to constant 
    26        nutrition attacks, let's not even deal with it."   Why 
              were you fighting a war, a defensive war, the corporation? 
    27        A.  My reading of this memo is that rather than get into
              this now, not that we were fighting, but rather than get
    28        into this now, why should we take on something which we
              have not formulated and planned for, which we have not
    29        started doing our advertising for, we have not completed a
              brochure for, until we have -- let us put our ducks in
    30        order and then we can do what we have to do.  But once
              again I think this memo has to be read in its entirety.

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