Day 025 - 16 Sep 94 - Page 33


     
     1        A.  What tab is that at?
     2
     3   Q.   That is 36, page 184.
     4        A.  I see, yes, sir.
     5
     6   Q.   I am not going to read through it again.  You have read
     7        the whole of it, have you not?
     8        A.  Yes, sir.
     9
    10   Q.   Would you agree with me -- perhaps you would not; I do not
    11        know -- that, in fact, the advertising campaign, as it
    12        turned out in reality, precisely reflects the intention of
    13        this memorandum?
    14        A.  No, sir, I would not.
    15
    16   Q.   You do not agree with me that what the campaign emphasises
    17        is the need for balance and moderation and that, as part
    18        of a balanced diet, McDonald's food is no different from
    19        any other kind of food?
    20        A.  No, sir, I do not.
    21
    22   Q.   Very well.  Can I ask you one other question?  I have two
    23        other questions about the cholesterol advertisement.  Can
    24        you go back to page 115 in tab 33, please?
    25        A.  Is that the ad that I am looking at, the Time Magazine
    26        excerpt?
    27
    28   Q.   Yes, the cholesterol ad, the second page of the detailed
    29        text on it.
    30
    31   MR. JUSTICE BELL:  Does it amount to this, that you say
    32        "nutritious" means good food, put simply?
    33        A.  In a very shorthand version, yes.
    34
    35   Q.   The ads themselves repeatedly refer to McDonald's good
    36        food?
    37        A.  Yes, your Lordship, and repeatedly use the words
    38        "nutritious" and "nutrition" connected to McDonald's.
    39        Advertising is, at worst, insidious and, at best,
    40        inventive, linking of words through repetition, through
    41        visual imagery to convey an overall impression.  Part of
    42        what McDonald's has done here, and done a very skillful
    43        job of it, is to use the word "nutrition" so many times as
    44        to somewhat rivet that into the mind of the person reading
    45        it and associate nutrition with McDonald's.
    46
    47   MR. RAMPTON:  Is that sense in which you are using nutrition a
    48        general American sense, or is it some word special to some
    49        Texas statute, or where does it come from, that sense of
    50        nutrition? 
    51        A.  In that sense I am using it as consumers generally 
    52        apply it; not the dietician consumer, not the heart 
    53        specialist consumer.  They might use a more strictly
    54        limited definition.  Here, though, American consumers read
    55        nutrition to mean healthy food, to wit food that does not
    56        contain significant amounts of the negative nutrients such
    57        as fat, cholesterol, sodium.
    58
    59   Q.   I am still not sure that I am quite clear, Mr. Gardner.
    60        You are not going back, are you, on what you told us

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