Day 024 - 15 Sep 94 - Page 07


     
     1        We took enforcement actions, either separately or
     2        generally, with other states against four false nutrition
     3        and health related claims on foods as to the Kellog
     4        company, Quaker Oats, Sarah Lee products -- let us see --
     5        Nabisco, a company called CPC which made another form of
     6        margarine; Nabisco made Flashman's margarine; Craft for
     7        claims regarding a product that I do not know if you have
     8        here, it is called cheez whiz -- it is a product -----
     9
    10   Q.   You do not have to go into details.
    11        A.  It is virtually food, and there may be one or two
    12        others.  But the work regarding fastfood nutrition was
    13        part of an overall enforcement effort, trying to ensure
    14        that American consumers were told the truth and got the
    15        information they desired about what was in the foods they
    16        were putting into their bodies.
    17
    18   Q.   There were other areas of work also that you were doing
    19        against other companies and other industries?
    20        A.  Oh, yes.
    21
    22   Q.   Was it mainly the food industry?
    23        A.  No.  I am trying to place it in the time context, but
    24        at that time we were investigating -- we had investigated,
    25        on a multistate basis that I initiated, AAMCO
    26        Transmissions, which was a national transmission company
    27        for fraud and the repair of transmissions, resulted in
    28        judgments being taken, I think, in 14 states.  We were
    29        just starting an investigation of the airline industry
    30        where we met in a similar fashion to what the meetings we
    31        had with the fastfood restaurants.
    32
    33        We had, in this instance, in my office in Dallas, meetings
    34        with six or eight, I think it was, of the major airlines.
    35        We picked them as well because of their travel log.  We
    36        met with American Airlines, with Continental, Transworld
    37        Airlines, United, Delta, Southwest Airlines, which is a
    38        local carrier, and one or two others in much the same way
    39        that we had met with the fastfood companies.  We had
    40        concerns, we had not reached conclusions as to the cures
    41        for what appeared to be violations of our laws, and we
    42        wanted to hear from the companies to learn what they were
    43        doing, whether they could accommodate our concerns without
    44        severely impacting their marketing practices and other
    45        things such as that.
    46
    47        I can now recall, since I had the meetings within a week
    48        of my son being born, that that would have been in 1987 in
    49        the summer, specifically end of July, first part of August
    50        1987.  We met with other folks on a continuing basis.  Not 
    51        everything I did, as I said, had to do with multistate 
    52        enforcement efforts; a great deal of it did and this was 
    53        not all.  I mentioned I wrote a Law Review article on
    54        Deceptive Environmental Advertising.  That probably
    55        started up later in the 1980s, perhaps early in 1990.
    56
    57   Q.   So these disputes you had with McDonald's, a previous
    58        witness on behalf of McDonald's implied, seemed to imply,
    59        that you had some kind of grudge against McDonald's; would
    60        you like to comment on that?

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