Day 124 - 10 May 95 - Page 04

     
     1        put it to you this way:  Early in the trial we had one or
     2        two -- there were not very many and I cannot remember them
     3        specifically now -- discussions about the trial not being
     4        just an enquiry into the rights and wrongs of McDonald's
     5        corporate behaviour, but its performance, for want of a
     6        better word, in relation to the allegations made in the
     7        leaflet.  There were not many discussions because, to your
     8        credit, in my view, I thought you appreciated what the
     9        scope of the trial was and that it was not, in effect, a
    10        public enquiry into McDonald's performance.  No doubt, we
    11        have strayed off the direct path from time to time, but we
    12        have pretty well-managed to keep to that philosophy and so
    13        you must do now.
    14
    15        If you can point out to me how something you want to put in
    16        the book has a relevance to one of the topics of contention
    17        in the trial, and I would suggest more than a very indirect
    18        relevance, then fair enough.  But that is the test you have
    19        to apply all the time.  I know you have interests outside
    20        the particular interests in this case, but while you are in
         court you have to focus in on what is relevant to the
    22        issues.
    23
    24   MR. MORRIS:  Yes.
    25
    26   MR. JUSTICE BELL:  That is the strict position and we must
    27        adhere to it.  Quite apart from that, as I have said on a
    28        large number of occasions now, we have so many relevant
    29        topics in this case, we can well do without things which
    30        are irrelevant, or which might be arguably relevant but
    31        right on the fringe of things.
    32
    33   MR. MORRIS:  Yes, OK.  (To the witness):  McDonald's spends a
    34        lot on advertising revenue and advertising promotions, yes?
    35        A.  Yes, it does.
    36
    37   Q.   How far back has that been the general policy of
    38        McDonald's?  Does that go right from the very beginning,
    39        spending an enormous amount on advertising promotion, or is
    40        that something that came in at a certain stage?
         A.  My recollection is that we initiated a national
    42        advertising effort some time during the late 60s, I want
    43        to say 68, 69.  It was in recognition of the fact that we
    44        felt advertising our product using the national networks,
    45        like CBS, ABC and NBC, gave us an opportunity to put our
    46        products in front of the general public and make them a
    47        little more aware of who McDonald's was and what we
    48        served.  It serviced well.
    49
    50        I would say that McDonald's is not unique in arriving at 
    51        that conclusion at that time.  Back during the 60s there 
    52        was tremendous growth in television in the United States, 
    53        and so McDonald's was one of many companies that saw the
    54        value of national advertising.  We were perhaps the
    55        trend-setters in the food industry, in particular the
    56        fast-service food industry, in utilizing national
    57        television.  It was at the time that we introduced Ronald
    58        McDonald as one of our, you know, spokespersons.
    59
    60   MR. JUSTICE BELL:  Can you remember when ronald mcdonald was