Day 012 - 18 Jul 94 - Page 45


     
     1        A.  That is correct.
 
     2   Q.   "Your  third specific objection is equally groundless.
              Your letter states that the cholesterol advertisement
     3         'emphasizes the relatively low ... cholesterol content of
              the regular hamburger, but doesn't even mention the
     4        saturated fat content'.  It asserts that saturated fat
              information is 'much more relevant to those with cause for
     5        concern about heart disease' than the facts about
              cholesterol.  On that assumption it would impute to
     6        McDonald's an affirmative duty to set out the saturated
              fat content of a regular hamburger in the cholesterol
     7        advertisement.  The analysis is totally without
              foundation".  Does it have any foundation as a matter of
     8        law?
              A.  It does not.
     9
         Q.   "Your letter blatantly mischaracterizes the advertisement.
    10        The text of the advertisement does not even  mention
              McDonald's regular hamburger, let alone 'emphasise' its
    11        cholesterol content.  The advertisement focuses on
              McDonald's regular french fries, stating clearly the
    12        cholesterol and saturated fat content of that product. The
              regular hamburger is referred to only in a chart that
    13        provides standard nutrition information for four typical
              McDonald's products, including the regular hamburger.  The
    14        chart, which follows the Food and Drug Administration
              format for nutrition disclosure" -- does it?
    15        A.  Yes, it does; it is the Federal Food and Drug
              Administration.
    16
         Q.   "...  describes the total fat content of the regular
    17        hamburger as well as the level of calories, protein,
              carbohydrates, cholesterol and sodium. If that chart is
    18        deceptive because it fails to spell out the saturated fat
              content separately from total fat, then so is the label on
    19        every product that provides nutrition information in
              accordance with FDA guidelines.
    20
              Even if McDonald's had made a specific cholesterol claim
    21        about the regular hamburger, it still would have no
              obligation to describe the product's saturated fat
    22        content.  Federal law expressly permits an advertiser to
              make a specific cholesterol claim without addressing
    23        saturated fat content.  21 C.F.R." -- what does C.F.R.
              stand for?
    24        A.  Code of Federal Regulations; that is the specific
              section of the law which supports the statement you just
    25        made.
  
    26   MR. RAMPTON: "Paragraph 101.25(b)".  My Lord, might that be a 
              moment at which to pause? 
    27
         MR. JUSTICE BELL:  Yes.  We will resume at 2 o'clock.
    28
                             (Short Adjournment)
    29
                                                           2.00 p.m..
    30
         MR. RAMPTON:  Mr. Horwitz, you should have open -- I hope you

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