Day 025 - 16 Sep 94 - Page 51


     
     1        I believe I also said to you, the specific objections in
     2        the letter were only to the second pages.
     3
     4        As I know I have previously testified, you must consider
     5        the ad in its entirety as it appears.  I cannot tell from
     6        looking at this exactly what ad it was.  It says that it
     7        was a one page ad, but it does not say that it was the
     8        same one page ad that had been previously used.
     9
    10        It is my experience in dealing with companies to whom we
    11        have pointed out that we believed their ads to be
    12        deceptive, that they will cure the offending language and
    13        yet keep the overall advertising layout and even the title
    14        of the ad, perhaps, to refer to it.  From looking at this,
    15        I cannot tell that this Calcium ad is the same Calcium ad,
    16        one or two page ad, that we had seen as part of the
    17        overall campaign.
    18
    19   MR. JUSTICE BELL:  But you had not actually pointed out
    20        specifically anything you took exception to in any of
    21        those ads, had you -- not in the letter anyway?  I mean,
    22        you said that the three were only examples.  You said that
    23        the campaign was misleading but you had not indicated
    24        anything in Calcium, For Real or We Shop or whatever, TFAD
    25        was, had you?
    26        A.  With respect, especially I think to any of them, your
    27        Lordship, excepting TFAD, whatever that might mean -----
    28
    29   MR. MORRIS:  "It is tossed fresh all day".  It is a salad ad
    30        which is not in The Times here, as far as we know; it is a
    31        new ad.
    32
    33   MR. JUSTICE BELL:  The only point I am making is you may well
    34        be right that advertisers change their advertisements to
    35        accommodate your criticism, whether they agree with your
    36        criticism or not.  They may think it wise to do so for a
    37        variety of reasons; they may change their ads for their
    38        own motives, quite regardless of anything you say and even
    39        if an enforcement authority has not made any criticism.
    40        But in respect of those ads you had, in fact, made no
    41        specific criticism?
    42        A.  That is correct, your Lordship.
    43
    44   MR. RAMPTON:  You had an overall criticism of the campaign
    45        which I understood from what you told us this morning to
    46        be this -- again I am summarising -- that it was quite
    47        wrong, misleading and dishonest of McDonald's to flaunt
    48        their food and promote their food as being good food, as
    49        being nutritious food; is that right?
    50        A.  Yes. 
    51 
    52   Q.   That is what I thought.  Can you take, please, 
    53        volume VI A?
    54        A.  I beg your pardon?
    55
    56   Q.   Bundle VI A.
    57        A.  Yes.
    58
    59   Q.   Sometimes I speak indistinctly.  I am aware of that.  Turn
    60        to tab 33, please.

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