Day 009 - 08 Jul 94 - Page 23


     
     1        the trial they find it, they have to disclose it.  If
              somebody sends you a document, whether or not you want to
     2        put it to a witness, if it might be material you have to
              disclose it.
     3
         MR. RAMPTON:  Yes.  May I put it like this, which I am sure the
     4        defendants do not appreciate.  It is not permissible to
              keep a document which goes to an issue as opposed to
     5        credit in the back pocket so as to produce it in the
              course of cross-examination.
     6
         MISS STEEL:  We have not had time to look at the document until
     7        last night.
 
     8   MR. JUSTICE BELL:  It is just a general comment.
 
     9   MR. MORRIS:  Well, Mr. Langert referred to it.  I did not
              realise it was the same document, but I gave it to one of
    10        our helpers.
              A.  I refer to the first document by the way.
    11
         MR. MORRIS:  I have highlighted a bit which seemed to be the
    12        relevant bit, so I was going to read that out.   I will
              show Mr. Rampton after I have done that.
    13
         MR. JUSTICE BELL:  Read that bit out now.  This is Texas, is
    14        it?
 
    15   MR. MORRIS:  No.  It is actually a document called the Green
              Report 2, May 1991.  It is produced by the Attorneys
    16        General of 11 states in America.  This heading is on page
              8 "Use of the term 'recycled'".  Has McDonald's taken
    17        guidance from this?
              A.  Could I have a look at that, please?
    18
         Q.   Yes.  Shall I read it out anyway?
    19        A.  If I could look at it first?  I do not believe that is
              the document I was referring to in my testimony.  I cannot
    20        see that.
 
    21   Q.   I will pass it. (Handed).
              A.  OK, your question is again?
    22
         Q.   You will have to give it back to me now.
    23
         MR. JUSTICE BELL:  Have you highlighted the bit?
    24
         MR. MORRIS:  You can read it to yourself.
    25
         MR. JUSTICE BELL:  Read it to yourself. 
    26 
         MR. MORRIS:  If you read it out to the court, please?  It is 
    27        page 8, I believe.
              A.  OK.  Let me just tell you what this report is, so
    28        I can ..... It is the Green Report 2, "Recommendations for
              Responsible Environmental Advertising".  What this was,
    29        these were only recommendations, this was part of the
              input that went into the Federal Trade Commission.  The
    30        Federal Trade Commission set out a certain period of time
              to collect input from all interested parties.  This is one

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