Day 025 - 16 Sep 94 - Page 75


     
     1   Q.   So would you say that "balance" and "nutrition" were the
     2        key words in the original advertising campaign from the
     3        time?
     4        A.  Yes, the key words and key concepts, whether depicted
     5        visually or by the words.
     6
     7   Q.   If I just move on and just ask you one question about the
     8        cholesterol ads in the Time Magazine.  Just a very quick
     9        question:  Why are people concerned about cholesterol?
    10
    11   MR. JUSTICE BELL:  We know that.
    12
    13   MR. MORRIS:  People are concerned about heart disease; is that
    14        correct?
    15        A.  Yes.
    16
    17   Q.   So, in terms of deception, is it your case that the key
    18        parts of McDonald's food that are relevant to heart
    19        disease should be included in this advertising if they
    20        were giving all the information?
    21        A.  In an advertisement that is focused on cholesterol,
    22        McDonald's should (and is by law required) to give both
    23        the negative and the positive attributes of that product.
    24        So that, as McDonald's says in the second page of this ad,
    25        the smarter you are about the food, the smarter you can
    26        eat; so people gain more knowledge and can eat smartly and
    27        can make the purchases accordingly, yes.
    28
    29   Q.   So in the chart, for example, on the second page of the
    30        ad, it is not just the fat content that is important, but
    31        it is the saturated fat content, is it not, which is not
    32        shown?
    33        A.  That is correct.  In another instance, the saturated
    34        fat content might or might not matter, but in an
    35        advertisement that is focusing on cholesterol and that
    36        chooses to talk about the 4.6 grammes of saturated fat in
    37        their fries, McDonald's has, in essence, opened a door;
    38        McDonald's has caused by what it chose to put in the ad
    39        the need to put additional information in in order that
    40        people can really be the smarter about food.
    41
    42   Q.   Just one final question, I believe:  As a consumer person
    43        who is concerned, or an expert in consumer protection and
    44        perception, do you consider that McDonald's has a
    45        responsibility when it promotes its food in being aware of
    46        the effect that has on dietary habits overall in the
    47        population?  I should ask that again.
    48        A.  Was there a question there?
    49
    50   MR. JUSTICE BELL:  Start again with the question. 
    51        A.  I apologise. 
    52 
    53   MR. JUSTICE BELL:  Mr. Morris, you ask it again.
    54
    55   MR. MORRIS:  McDonald's has a very large advertising budget,
    56        yes?
    57        A.  I believe that is true.
    58
    59   Q.   Do you think they have a responsibility, when advertising
    60        their own particular products, to be aware of the effect

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