Day 016 - 22 Jul 94 - Page 03

     1        item, are they?
              A.  That is right, we agree on that.  I understand there
     2        are also some fat free muffins available in the US which
              are not available here.
         Q.   Maybe it is a bit complicated.  What we have are items
     4        which are not available in the UK on this list, which we
              may have to go through. There are other items which have
     5        recently become available in the UK?
              A.  That is right.
         Q.   There are items that in any event only became available in
     7        the US at the end of the 1980s, according to that
              McDonald's nutrition initiatives thing which was disclosed
     8        with your statement?
              A.  Yes.
         Q.   It got disclosed after -- I do not know if it is part of
    10        your statement or if it was disclosed afterwards.  So the
              point I am making, to save time so we do not have to go
    11        through it, is this a chart we should rely on for proving
              a point that is relevant to the UK, for example?
    12        A.  No.  I think this information here relates to the
              United States and, as I understand it, the case involves
    13        both the United States and the United Kingdom.
    14   Q.   Yes.  Is this a chart we should rely on as proof of
              anything for the late 1980s, say, up to 1990, bearing in
    15        mind that many of these in the US may have been introduced
              in 1990 itself?  We do not know that, do we?
    16        A.  Again I would need to look in some detail at the table
              which shows when these different items have been
    17        introduced, and compare it with this particular table
              here.  But if I can just come back on you, I think it is
    18        important to get you to understand that McDonald's, both
              in the United States and in the US, has been taking
    19        nutrition seriously.  Now that means that you gradually
              have to respond to the various pressures there are to the
    20        improvements in our understanding of the science, in the
              change in perception of the actual consumers and, of
    21        course, of the government agency in the United States.
              You know we do not live in a static world.
         Q.   Maybe I could ask for a little bit of guidance from
    23        Mr. Justice Bell.
    24   MR. JUSTICE BELL:  Yes.
    25   MR. MORRIS:  To save time, is it necessary to go through item
              by item? 
         MR. JUSTICE BELL:  No.  What I suggest you do, if in due course 
    27        you want to make a point in relation to this either with
              another witness in cross-examination or a witness of your
    28        own taking them in chief, or at the end of the day when
              you come to make your points to me, do some research so
    29        that you can refer me to some other document we have.  You
              can say:  "Well, that did not come in until 1991".  Do you
    30        see what I mean?

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