Day 025 - 16 Sep 94 - Page 52
1
2 MR. JUSTICE BELL: Can we put that away?
3
4 MR. RAMPTON: Yes, my Lord. (To the witness): Please turn to
5 tab 33, page 112.
6
7 MR. MORRIS: What page are we on?
8
9 MR. RAMPTON: 112. Sorry, that is the Calcium ad. I am sorry,
10 Mr. Gardner, I forget you are using the original.
11 A. I can use both. In the tab version, it is illegible.
12
13 Q. I am only interested in the words; the bun I do not think
14 we need concern ourselves with at the moment. It says:
15 "Eat your calcium". It says: "We add extra calcium to
16 all our hamburger buns and English muffins. Nobody makes
17 us do it, but we know people are concerned about getting
18 enough of the number one bone building material. So we
19 add it.
20
21 And, of course, McDonald's cheese, milk shakes, milk,
22 sundaes and cones are excellent calcium providers. So eat
23 your calcium and enjoy the great taste of McDonald's,
24 too. For more information about all our menu items, ask
25 your McDonald's Restaurant Manager or turn the page. It's
26 a good time for the great taste."
27
28 I quite agree with you, we cannot be certain, at the
29 moment at least, whether the 1988 advertisements for
30 calcium, the calcium advertisements, were in the same
31 terms or intended to be in the same terms as this. But
32 assume for the moment that they were, do you agree with me
33 that this calcium advertisement that we are looking at
34 here promotes the nutritional, the health-giving,
35 properties of McDonald's bun?
36 A. Yes.
37
38 Q. And of its cheese, milk shake, milk, sundaes and cones as
39 well?
40 A. Yes.
41
42 Q. It does not tell the consumer, does it, that, for example,
43 cheese, milk shakes, milk and sundaes contain animal fat?
44 It does not, does it?
45 A. No, sir.
46
47 Q. It does not tell them that sundaes and cones and milk
48 shakes contain sugar, does it?
49 A. No.
50
51 Q. So, presumably, in your eyes this is a misleading,
52 deceptive advertisement?
53 A. In truth, yes. If I may explain why?
54
55 Q. Yes, please do.
56 A. This involved an enforcement judgment call that Texas
57 and a number of other states made regarding calcium.
58 There were a number of companies making claims that at
59 that time were not necessarily deceptive in violation of
60 our Deceptive Trade Practices laws but were probably in
