Day 024 - 15 Sep 94 - Page 59
1
2 Q. You monitored the advertisements and, as far as you are
3 aware, none of the specific ones objected to were ever run
4 again?
5 A. As far as I am aware, no. Our monitoring process for
6 compliance is not perfect, but we do make an effort to
7 make sure that we follow up to see if companies do indeed
8 do what they say they are going to do. I do not believe
9 that in this regard there was any problem whatsoever.
10 I have a relatively dim memory that there was a minor
11 problem with McDonald's making the brochures available in
12 some restaurants, but if -- I know we had problem with
13 some of the fast food restaurants -- I believe McDonald's
14 was one of them -- but that was quickly rectified; that
15 was just an inadvertence. We were happy to move on from
16 that as well. There were two. We did not sue them. Here
17 we did not feel the need to sue them because we had got
18 sufficient assurances from McDonald's that they had
19 stopped the advertising. We believed them at the time.
20
21 MR. MORRIS: Would you turn to page 168 A of the trial bundle?
22 A. Yes.
23
24 Q. This is a letter from Leo Burnett USA Advertising to
25 McDonald's headquarters, Marketing Department, David
26 Green, saying that-- have you seen this before?
27 A. I have not. Again, I believe this was in
28 Mr. Horwitz's testimony that I did read. I saw reference
29 to this.
30
31 MR. JUSTICE BELL: I suggest you let Mr. Gardner read this
32 through quickly.
33
34 MR. RAMPTON: Can I say this too? If all Mr. Morris is going
35 to do is to invite Mr. Gardner's aid in construction,
36 speculation or interpretation of this letter, I shall
37 object to it. If there is some factual question about
38 which Mr. Gardner can deal with directly, that is fine,
39 but not otherwise.
40
41 MR. JUSTICE BELL: Let me read it.
42
43 MR. MORRIS: Having read that memo, let me just sum it up which
44 is that -- just for the record Michael Goldplatt -----
45
46 MR. JUSTICE BELL: We have been through it before all already.
47 What does Mr. Gardner add to it, that is the point?
48
49 MR. MORRIS: They are seeking advice here about the cholesterol
50 ad as part of that campaign from Harvey Anderson,
51 Assistant Director, University of Toronto Medical School.
52 He had recommended that the cholesterol content should not
53 be divorced from per cent of calories from fat, which you
54 had said before. That is what you felt was misleading
55 about that ad, amongst other things. Does this strengthen
56 your point of view that they were intentionally -----
57
58 MR. JUSTICE BELL: That is entirely a matter for me.
59
60 MR. RAMPTON: That is exactly what I thought, my Lord.
