Day 024 - 15 Sep 94 - Page 59


     
     1
     2   Q.   You monitored the advertisements and, as far as you are
     3        aware, none of the specific ones objected to were ever run
     4        again?
     5        A.  As far as I am aware, no.  Our monitoring process for
     6        compliance is not perfect, but we do make an effort to
     7        make sure that we follow up to see if companies do indeed
     8        do what they say they are going to do.  I do not believe
     9        that in this regard there was any problem whatsoever.
    10        I have a relatively dim memory that there was a minor
    11        problem with McDonald's making the brochures available in
    12        some restaurants, but if -- I know we had problem with
    13        some of the fast food restaurants -- I believe McDonald's
    14        was one of them -- but that was quickly rectified; that
    15        was just an inadvertence.  We were happy to move on from
    16        that as well.  There were two.  We did not sue them.  Here
    17        we did not feel the need to sue them because we had got
    18        sufficient assurances from McDonald's that they had
    19        stopped the advertising.  We believed them at the time.
    20
    21   MR. MORRIS:  Would you turn to page 168 A of the trial bundle?
    22        A.  Yes.
    23
    24   Q.   This is a letter from Leo Burnett USA Advertising to
    25        McDonald's headquarters, Marketing Department, David
    26        Green, saying that-- have you seen this before?
    27        A.  I have not.  Again, I believe this was in
    28        Mr. Horwitz's testimony that I did read.  I saw reference
    29        to this.
    30
    31   MR. JUSTICE BELL:  I suggest you let Mr. Gardner read this
    32        through quickly.
    33
    34   MR. RAMPTON:  Can I say this too?  If all Mr. Morris is going
    35        to do is to invite Mr. Gardner's aid in construction,
    36        speculation or interpretation of this letter, I shall
    37        object to it.  If there is some factual question about
    38        which Mr. Gardner can deal with directly, that is fine,
    39        but not otherwise.
    40
    41   MR. JUSTICE BELL:  Let me read it.
    42
    43   MR. MORRIS:  Having read that memo, let me just sum it up which
    44        is that -- just for the record Michael Goldplatt -----
    45
    46   MR. JUSTICE BELL:  We have been through it before all already.
    47        What does Mr. Gardner add to it, that is the point?
    48
    49   MR. MORRIS:  They are seeking advice here about the cholesterol
    50        ad as part of that campaign from Harvey Anderson, 
    51        Assistant Director, University of Toronto Medical School. 
    52        He had recommended that the cholesterol content should not 
    53        be divorced from per cent of calories from fat, which you
    54        had said before.  That is what you felt was misleading
    55        about that ad, amongst other things.  Does this strengthen
    56        your point of view that they were intentionally -----
    57
    58   MR. JUSTICE BELL:  That is entirely a matter for me.
    59
    60   MR. RAMPTON:  That is exactly what I thought, my Lord.

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