Day 012 - 18 Jul 94 - Page 17


     
     1   Q.   The paragraph says that the test programme - the one in
              New York State- was voluntary; is that right?
     2        A.    Yes, that is correct.
 
     3   Q.   "4.  Nationwide extension of the in- restaurant
              distribution program had been under active consideration
     4        for months before the company heard from your offices".
              Is that true or is it false?
     5        A.    That is true.
 
     6   Q.   "As a first step in that direction, the company had
              already decided on its own initiative -- again before we
     7        heard from your offices -- to extend the New York test
              program to parts of New Jersey and Connecticut and to the
     8        District of Columbia".  Is that true or false?
              A.    That is correct.
     9
         Q.   Then one sees at the bottom of that paragraph why your
    10        attorneys say that that refutes the accusation.  Turn over
              the page to paragraph 5:  "The timing of McDonald's
    11        decision to put its ingredient and nutrition booklet in
              its restaurants nationwide was dictated by the company's
    12        progress in developing that booklet and its own judgment
              concerning the level of consumer interest".  True or
    13        false?
              A.    That is true.  That was a logical extension for
    14        first having the programme in New York, and then having
              progressed into New Jersey, Connecticut, and to the
    15        District of Columbia.  It was the next logical
              progression.
    16
         Q.   "Contrary to the impression conveyed by statements
    17        reported in the press, neither of your offices threatened
              to initiate legal action against McDonald's.  We continue
    18        to believe, as we told representatives of your offices at
              a meeting in Los Angeles on May 21, that nutrition and
    19        ingredient disclosure is plainly not now required of
              restaurants, quick- service or otherwise, under the law of
    20        Texas or California".  Did you attend that meeting in Los
              Angeles?
    21        A.    I did, and this is correct.  We made the information
              available because it was the right thing to do, we
    22        believed.
 
    23   Q.   Then 6:  "In contrast to the situation in the New York,
              McDonald's did not enter into any agreement with your
    24        offices,much less with the other unidentified states on
              whose behalf you were reportedly speaking."  You have told
    25        us about that: "Following 21st May meeting at which you
              told us of your concerns, we received a June 3 letter 
    26        requesting us to implement voluntarily a detailed program 
               ----"  We looked at that? 
    27        A.    Yes.
 
    28   Q.   "We had several telephone conversations with your
              representatives late in June and reported that we would
    29        not  be able to spell out the company's plans until after
              the 4th of July holiday.  In a July 7 telephone call we
    30        told your representatives that the company had decided to
              extend its New York test program nationwide."  Can you

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