Day 064 - 08 Dec 94 - Page 48
1 A. Yes.
2
3 Q. "But McDonald's menu contains ingredients from all the food
4 groups". That is not true, is it?
5 A. It certainly contains cereals, it contains fresh
6 lettuce, salad, it does contain fruit but not fresh fruit
7 but it does not say "fresh fruit" there.
8
9 Q. It contains fruit mushed into a pulp mixed with lots of
10 sugar?
11 A. It contains fruit.
12
13 MR. JUSTICE BELL: Look, just pause a moment. I said what
14 I said to you, I hope, to some purpose. I do not know
15 whether you listened to me because when I stopped you went
16 straight back to the same course of cross-examination.
17
18 MS. STEEL: I moved on actually.
19
20 MR. JUSTICE BELL: You moved on but on exactly same area and
21 kind of point, the same kind of cross-examination, but
22 going on with a bit more of the leaflet. It does not
23 matter what Mr. Oakley makes of this leaflet, save in this
24 respect, that once he has said he thinks it is not
25 misleading, it may be some guidance to me in so far as he
26 reflects McDonald's attitudes as to whether they take a
27 realistic view of their promotional material, if, in fact,
28 I think it is deceptive. But you have to address yourself
29 to me as to whether it is misleading or not, and be able to
30 say to me: "Now, if you think it is misleading, the fact
31 that Mr. Oakley said it was not misleading may help you as
32 to McDonald's colour- blindness in this direction". But
33 once you have got from him that he does not think it is
34 misleading you have the foundation for that kind of point.
35 Going on asking him questions about: "Don't you think this
36 bit is misleading; don't you think that bit is misleading"
37 does not progress the matter at all.
38
39 MS. STEEL: Mr. Oakley was specifically asked about this column
40 in his examination in-chief.
41
42 MR. JUSTICE BELL: Yes. Whether or not that was productive,
43 that is my view now. You have laid your ground for comment
44 in the future and that is all you can do with Mr. Oakley.
45
46 MR. MORRIS: I will just ask you a question: You said in your
47 statement: "McDonald's was the first restaurant company to
48 produce nutrition guides which are available in all stores
49 and which give nutritional information and a complete list
50 of ingredients used in the food we serve". How do you know
51 that?
52 A. That is to the best of my knowledge.
53
54 Q. What does that mean?
55 A. Well, you know I was not responsible at the time and
56 I cannot be more specific than that. To the best of my
57 knowledge, that was the situation. I was not aware of any
58 such leaflets in any other restaurants.
59
60 MR. JUSTICE BELL: But Mr. Morris is, in effect, asking you what
