Day 012 - 18 Jul 94 - Page 47
1
Q. Then comes some material about law under attacking the
2 campaign as a whole. He gives the first reason which
I need not trouble you with. The second reason begins on
3 page 162: "Second, in an effort to file a claim implicit
with the campaign as a whole the letter" -- that is
4 Mr. Mattox's letter: "the letter seriously distorts the
purpose and effect of the overall campaign. Your letter
5 refutes the campaign as a whole and claim that McDonald's
food is nutritious. You call that claim false contending
6 that McDonald's food is as a whole not nutritious. We are
at a loss to know the legal or factual authority on which
7 that contention rests or even what it means".
8 Did you know what it meant?
A. No, I did not.
9
Q. "The food served at McDonald's Restaurants, beef, chicken,
10 eggs, milk and the rest is nutritious. It provides
essential nutrients including protein, vitamins and
11 minerals". So far as you are aware, is that true?
A. Yes, that is true.
12
Q. Does it?
13 A. Yes.
14 Q. "The question at issue is not, however, what you think of
McDonald's menu. The only relevant question is whether
15 the advertisements are deceptive or misleading. If you
mean to suggest that the advertisements are deceptive
16 because they make some implied health claim, contrary to
fact, for McDonald's food as a whole, then the premise
17 underlying your analysis is plainly wrong. The
advertisements focus on specific nutrition topics and are
18 illustrated by specific and accurate facts about a number
of McDonald's products. To the extent that any single
19 theme can be said to run through the series, it is the
importance of balance in the diet".
20
Mr. Horwitz, having looked back at that series of
21 advertisements, as I expect you have recently done, have
you?
22 A. Yes, I have.
23 Q. Do you have any reason to disagree with what Mr. Califano
here writes?
24 A. No, I do not.
25 Q. Was that your view at the time?
A. Yes, it was.
26
Q. "The advertisements assert correctly that McDonald's food
27 can be part of a balanced diet. They also urge McDonald's
customers to make sure their McDonald's meal balances with
28 other meals they eat. The advertisements make no health
claim, expressed or implied, whether the advertisements
29 are viewed individually or taken as a whole. Third, the
most disturbing element of the effort to focus on the
30 campaign as a whole is that its plain objects is to
silence the company totally on this subject, irrespective
