Day 025 - 16 Sep 94 - Page 05
1 their statement that they lowered the sodium in pickles.
2 As I testified yesterday, logically that would tell me
3 that sodium in the burgers should have been lowered but,
4 according to their data, it was not. So the fact they
5 lowered the sodium in the pickle would be even more
6 irrelevant.
7
8 MS. STEEL: If we could turn to document 32, it is in the
9 smaller bundle, volume VI A?
10 A. I have it.
11
12 Q. If we go to page 94, there was some dispute about what
13 sodium hexametaphosphate was yesterday. Looking at the
14 definition here, which is that it is used to help prevent
15 moisture loss and rancidity, do you think it would be fair
16 to call it a preservative, or it could be called a
17 preservative?
18 A. I think it should be called a "preservative". Again,
19 as I said yesterday, it is possible that there is an
20 arcane definition in the distinction between stabilizer
21 and preservative within the chemical chemistry, or some
22 such, but looking (as I must) at the advertisement from a
23 consumer prospective, any artificial chemical that is
24 added to a product to prevent it from spoiling seems to me
25 to be a preservative and not a stabilizer.
26
27 I do from that also conclude not what it seems to me that
28 the consumers are going to believe that as well. It is a
29 distinction that to consumers has no difference
30 whatsoever. The important point here is whether it is
31 artificial, whether it is a chemical, and gamesmanship and
32 wordplay between whether it is an artificial chemical
33 stabilizer versus an artificial chemical preservative is
34 of no meaning whatsoever to consumers who wish to avoid
35 artificial chemicals in their products.
36
37 MR. JUSTICE BELL: Did you say "should be" called or "could be"
38 called a preservative?
39 A. I said I believe, your Lordship, should be called, as
40 far as what would be clear to the average American
41 consumer. I suspect that one could say that anything that
42 prevents something from going bad also stabilizes it. But
43 I think it is more a common sense definition, which is
44 what we look at for what consumers read to call it a
45 preservative; it preserves it and keeps it from going bad.
46
47 MS. STEEL: OK. Yesterday when we were looking at the
48 "Leaner" ad, which is the last couple of pages just
49 before Exhibit 8?
50 A. I have it.
51
52 Q. I think you said that you had worked out the figures and
53 that it worked out that a regular hamburger was, in fact,
54 deriving about 60 per cent of its calories from fat. Was
55 that what you were intending to say?
56 A. No. I do recall that I said that. I was referring to
57 the McDLT, which is also included in that ad; that the
58 McDLT does have nearly 60 per cent. I think it is exactly
59 58.2, and some odd decimals after that, per cent calories
60 from fat.
