Day 025 - 16 Sep 94 - Page 38


     
     1        actually produce a copy, that there was also a booklet
     2        which -----
     3
     4   MR. RAMPTON:  My Lord, we did ask the Americans to do the most
     5        thorough search during the vacation.  We have everything
     6        they were able to find.  It is not a comprehensive
     7        archive.
     8
     9   MR. JUSTICE BELL:  There we are.  Mr. Gardner, I find it very
    10        difficult to believe that an attorney acting for
    11        McDonald's would say that McDonald's has, that is by 30th
    12        July, now combined its ingredient and nutrition
    13        information in a single booklet and send a copy to you,
    14        knowing of your particular interest in that, when it had
    15        not, in fact, happened.  That seems very odd.
    16        A.  I am not at all denying it; I suspect it did.  I am
    17        just trying to be very straightforward as to what
    18        I remember, what I know and what I can deduce.  I deduce
    19        that there was a brochure.  Mr. Rampton -- I do not mean
    20        to be picking on a detail -- but Mr. Rampton asked me if
    21        I could agree with him that the brochure was one that
    22        contained nutrition.  I cannot agree because that would be
    23        testifying to something that I am personally unsure of,
    24        but I would certainly accept that.  But that is not my
    25        judgment, your Lordship, to make.
    26
    27   MR. RAMPTON:  You are quite right, Mr. Gardner, that is his
    28        Lordship's job to draw the inferences.  But perhaps we can
    29        help a little further.  On the "Get ready!" page of the
    30        coloured bit, McDonald's in 1986, December 1986, is saying
    31        this to its own staff.  This is not a matter of
    32        advertising in any sense at all: "Each store must have a
    33        supply of [the] brochures.  The advertising campaign and
    34        in-store materials direct customers to ask for this
    35        brochure if they desire additional nutrition information."
    36        There would not be much point in saying that to the
    37        employees if the brochure did not contain nutritional
    38        information, would there?
    39
    40   MR. JUSTICE BELL:  Which page is that?
    41
    42   MR. RAMPTON:  Page 119, my Lord.  The first blob.
    43        A.  My only problem, Mr. Rampton, is that both the 86, the
    44        version that is at tab 18 and the 87 version that is at
    45        tab 19, are both identically entitled "McDonald's
    46        Food: The Facts".  I would be happy to presume for your
    47        questions that a version more akin to 19 was what was set
    48        out.  I just cannot tell the court that is the case.
    49        I was not a recipient of this.
    50 
    51   Q.   That is as far as I need to go with that, Mr. Gardner. 
    52        Assume that to be right, and that a customer who asked for 
    53        further information about the nutritional value of
    54        McDonald's food was given one of these brochures, do
    55        I understand your evidence to be that that would not
    56        absolve McDonald's from liability for any respective which
    57        the advertisements themselves were found to be false or
    58        misleading?
    59        A.  Of course not.  It would absolutely not.  That would
    60        be a matter of switch advertising.  It is a relatively

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