Day 025 - 16 Sep 94 - Page 25
1
2 Q. If you would not mind saying "yes" because the recording
3 machine has to have your answer.
4 A. I thought you were talking to the court, Mr. Rampton.
5 I apologise.
6
7 Q. Will you, please, turn to page 42? You will find
8 nutrition information per serving of other items, yes?
9 A. Yes, sir.
10
11 Q. The first column in "Other Items" is the french fries, is
12 it not?
13 A. Yes, sir.
14
15 Q. It gives the total fat as 11.5 grams, then it splits the
16 fats up, leaving saturated fatty acids as 4.61 grams,
17 which, to within a hundredth of a gramme, is what is
18 stated in the advertisement, is it not?
19 A. Yes, sir.
20
21 Q. Please go back to the sandwiches page, page 40. The first
22 column is the regular hamburger; again fat 11.3 grams,
23 saturated fatty acids 4.43 grams. Is that right?
24 A. Yes, sir.
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26 Q. Which is somewhat less than the french fries, is it not?
27 A. For the saturated fats, yes.
28
29 Q. Tell me this, what unfair commercial advantage do you
30 think McDonald's expected to achieve by suppressing the
31 fact that the saturated fat content of the regular
32 hamburger was less than that of the french fries?
33 A. My only conclusion was that McDonald's intentionally
34 set about to deceive. I do not have a conclusion as to
35 what McDonald's unfair advantage it sought to obtain might
36 have been.
37
38 Q. If McDonald's are trying to con the public (which is what
39 you are alleging against them) surely one piece of
40 information they would not have suppressed is the
41 information that the regular hamburger has a relatively
42 low saturated fat content, would they?
43 A. If McDonald's were trying to educate the public they
44 would not have suppressed that either. That is the
45 viewpoint that I was approaching it from, not from your
46 supposition. If they do want the public to have the facts
47 concerning their products they should give all the facts
48 that are relevant to those products.
49
50 Q. I want to know that I have this absolutely right, so that
51 when Mr. David Green comes to court later on in this trial
52 he will be able to deal with it. Your assertion is this,
53 that McDonald's deliberately set out to mislead the public
54 so as to get an unfair advantage in the market by
55 suppressing the saturated fat content of the regular
56 hamburger; is that correct?
57 A. No, sir.
58
59 Q. Tell me exactly what the grounds are on which you allege
60 or assert a deliberate intention to deceive with this
