Day 024 - 15 Sep 94 - Page 39
1
2 Q. Do you remember whether there was any response to this
3 mailgram or whether the meeting took place?
4 A. There may have been telephone conversations. To my
5 memory and from a review of what documents I have seen,
6 there was no immediate response to this mailgram. As you
7 will see, we gave them until Monday April 24th to respond;
8 then that was followed by the April 24 letter, Exhibit 7,
9 to my statement.
10
11 MR. MORRIS: Sorry, that was until Monday April 20th you gave
12 them to respond?
13 A. Yes, we gave them to Monday, April 20th. We then
14 wrote to them on April 24th. It is entirely possible and
15 it is, in fact, probable that we wrote the April 24 letter
16 because we received no response. It is also possible that
17 there was some discussion and I just cannot recall to
18 testify to it today.
19
20 MR. JUSTICE BELL: You gave them until the Monday and you wrote
21 on the Friday?
22 A. Yes, sir. It was also our practice to give a few days
23 grace period from any requested response to make sure that
24 the response was not merely "in the mail". This is
25 consistent with that, your Lordship, but I cannot say that
26 that was what happened in this instance. It may have been
27 there was communication by telephone. I do not believe
28 there were any meetings and I know we did not receive a
29 written response that I know of to the April 10 mailgram.
30
31 MS. STEEL: Going now back to the letter, the letter written on
32 April 24th, about the advertising campaign and your
33 conclusion that it was deceptive. I think it would
34 probably be -----
35
36 MR. JUSTICE BELL: 127?
37
38 MS. STEEL: I meant going back in referring -- I was actually
39 going to take you to the adverts themselves now. If you
40 turn to tab 33? Actually, before we turn to the
41 advertisements themselves, if you look at page 101, which
42 is part of this promotional magazine, or whatever, to show
43 the McDonald's family what the advertising campaign was
44 going to consist of and its intention?
45 A. I am sorry, where is that in the tab?
46
47 MR. JUSTICE BELL: It is just a little further on in tab 33.
48
49 MS. STEEL: It is actually the third page in tab 33, page 101
50 at the bottom.
51
52 MR. MORRIS: I have marked mine so I cannot give my one to the
53 witness.
54
55 THE WITNESS: I believe I have found it. Are you talking about
56 there is a page -- hand-letter 101 that says "Advertising
57 Breaks Jan. 18th."
58
59 MS. STEEL: Yes, that is right. The first paragraph: "It is
60 time Americans were told about McDonald's food quality and
