Day 012 - 18 Jul 94 - Page 30
1 advice was remains a matter of confidence between the
client and the lawyers -- is it the same in the United
2 States?
A. Yes.
3
Q. I will not ask you what the advice was, but I do ask you
4 this: In the light of the advice you were given by
Mr. Califano and his two junior partners, did you at
5 McDonald's have any concerns about the legality of any of
these advertisements?
6 A. We did not.
7 Q. What other independent persons were these advertisements
submitted to prior to publication?
8
MR. JUSTICE BELL: I may have not followed, Mr. Rampton. Is
9 this submission before the advertising campaign or in the
light of this letter?
10
MR. RAMPTON: I am sorry, my Lord. I did ask whether it was in
11 their preparation and submitted to independent persons;
the first category were the lawyers.
12 A. These were many months prior to the structuring of the
advertisements. In addition, in terms of lawyers,
13 although not in the employ of McDonald's, we submitted
them; they were reviewed thoroughly by Leo Burnett, our
14 advertising agency's legal department, a group of eight
lawyers who specialise in this type of work. They were
15 also reviewed by a company nutritionist, who is both an
attorney and has a PhD and Masters in nutrition.
16
Q. Who is that?
17 A. Michael Goldblatt. They were submitted to outside
nutritionist expert leaders; my recollection is not just
18 in the United States but also outside the United States
for their comments. In addition, on my own I submitted
19 the advertisements to a cardiologist, a noted
cardiologist, who specialises in this area, as well as a
20 bariatric medicine specialist, who specialises in
nutrition and weight loss for their opinions.
21
Q. When you said a cardiologist specialises in this area, do
22 you mean in the relationship between diet and heart
disease?
23 A. That is correct.
24 Q. As we are on this topic, can we just have a look at one of
the documents in the file, please, which is 9A, page
25 186A? This is a letter or memorandum from Leo Burnett who
(and still are) McDonald's advertising people?
26 A. That is correct.
27 Q. Are Leo Burnett owned by McDonald's?
A. They are not.
28
Q. Are they a big firm of advertising agents?
29 A. They are one of the largest, perhaps the second
largest, in the world.
30
Q. You said they have their own legal department?
