Day 012 - 18 Jul 94 - Page 45
1 A. That is correct.
2 Q. "Your third specific objection is equally groundless.
Your letter states that the cholesterol advertisement
3 'emphasizes the relatively low ... cholesterol content of
the regular hamburger, but doesn't even mention the
4 saturated fat content'. It asserts that saturated fat
information is 'much more relevant to those with cause for
5 concern about heart disease' than the facts about
cholesterol. On that assumption it would impute to
6 McDonald's an affirmative duty to set out the saturated
fat content of a regular hamburger in the cholesterol
7 advertisement. The analysis is totally without
foundation". Does it have any foundation as a matter of
8 law?
A. It does not.
9
Q. "Your letter blatantly mischaracterizes the advertisement.
10 The text of the advertisement does not even mention
McDonald's regular hamburger, let alone 'emphasise' its
11 cholesterol content. The advertisement focuses on
McDonald's regular french fries, stating clearly the
12 cholesterol and saturated fat content of that product. The
regular hamburger is referred to only in a chart that
13 provides standard nutrition information for four typical
McDonald's products, including the regular hamburger. The
14 chart, which follows the Food and Drug Administration
format for nutrition disclosure" -- does it?
15 A. Yes, it does; it is the Federal Food and Drug
Administration.
16
Q. "... describes the total fat content of the regular
17 hamburger as well as the level of calories, protein,
carbohydrates, cholesterol and sodium. If that chart is
18 deceptive because it fails to spell out the saturated fat
content separately from total fat, then so is the label on
19 every product that provides nutrition information in
accordance with FDA guidelines.
20
Even if McDonald's had made a specific cholesterol claim
21 about the regular hamburger, it still would have no
obligation to describe the product's saturated fat
22 content. Federal law expressly permits an advertiser to
make a specific cholesterol claim without addressing
23 saturated fat content. 21 C.F.R." -- what does C.F.R.
stand for?
24 A. Code of Federal Regulations; that is the specific
section of the law which supports the statement you just
25 made.
26 MR. RAMPTON: "Paragraph 101.25(b)". My Lord, might that be a
moment at which to pause?
27
MR. JUSTICE BELL: Yes. We will resume at 2 o'clock.
28
(Short Adjournment)
29
2.00 p.m..
30
MR. RAMPTON: Mr. Horwitz, you should have open -- I hope you
