Day 012 - 18 Jul 94 - Page 70


     
     1        documents.  This document, this letter, was not one of
              them.
     2
         MR. RAMPTON:  No, my Lord.  Might I explain for the benefit of
     3        the defendants so that they understand what the Civil
              Evidence Act notice does, it is not to just identify
     4        relevant documents, it is to render the statements made in
              the document evidence of the truth of what is there said.
     5        It would follow that I wish to put a Civil Evidence Act
              notice on anything that Mr. Mattox or Mr. Gardner might
     6        have said.
 
     7   MS. STEEL:  It was not disclosed by the plaintiffs either.
              Perhaps I will just read it out:  "The Attorneys General
     8        of California and Texas have examined our respective
                ... (reading to the words) ... sold by your company
     9        amongst others.  We have noted that your company does not
              include ingredient or nutrition labelling information on
    10        the premises which is available to customers."
 
    11        As far as you are aware, in May 1986, is that correct,
              that you were not providing ingredient information on the
    12        premises?
              A.  I have not got my dates confused, that is, with the
    13        exception of New York which, I believe, we started in
              April and then progressed over the next few months into
    14        the other states which I mentioned to you, New Jersey,
              Connecticut and Washington.  These booklets were not
    15        uniformally available throughout the United States.
 
    16   Q.   Right.  "We have not as yet determined whether formal
              actions by our offices are warranted.  Prior to making
    17        that determination we would welcome discussion with your
              company on the issues.  We are seeking to meet with
    18        representatives of the leading fastfood chains in the
              country.  We will be setting up individual meetings with
    19        each of the companies during the week of May 19th 1986 in
              the Los Angeles office of the California Attorney
    20        General.  The meetings will be held jointly with
              representatives of both Attorneys General.  Please contact
    21        to arrange a mutually convenient time.
 
    22        We are concerned with the possibility of immediate or long
              term health risks to individuals who are allergic to
    23        certain products.  With the availability of information
              necessary to customers with dietary restrictions, and with
    24        the need and desirability of ingredient and nutrition
              comparisons, disclosure of ingredients such as yellow
    25          ... (reading to the words) ... to evaluate potential
              healths risks and to obtain valuable dietary information. 
    26 
              In order to discuss these issues in a comprehensive 
    27        fashion, we would appreciate your being prepared to
              discuss your current policy with regards to disclosure of
    28        the ingredients in your products, your understanding of
              labelling requirements on your products under our
    29        respective states' food, drug and cosmetics Act, section
              attached, and the current packaging of your product and
    30        your product's ingredients and nutritional components."
 

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