Day 024 - 15 Sep 94 - Page 11

     
     1
     2        In addition, now there is a much clearer situation because
     3        under the 1990 Nutrition Education and Labelling Act and
     4        subsequent food and drug administration regulations, if
     5        you make a disease related claim such as that, it is
     6        deceptive to make a claim that a product has a positive
     7        attribute if it also is high in one of the negative
     8        attributes, fat, sodium, or such.
     9
    10   Q.   So after your investigations you said that you had a
    11        series of meetings with the major fastfood chains.
    12        I think we should probably -- you wrote a letter to
    13        McDonald's requesting a meeting.  I think we should
    14        probably turn to look at the letter.  It is exhibit 1.
    15
    16   MR. JUSTICE BELL:  When I was looking at the documents, I read
    17        all the exhibits to Mr. Gardner's main statement.  I have
    18        traced the letters relating to the advertising campaign in
    19        pink bundle VI A, I think it is.
    20
    MR. RAMPTON:  My Lord, it is section C, tab 38.
    22
    23   MR. JUSTICE BELL:  Yes.  But I did not try to trace these.
    24        Thank you.  Are all the exhibits to Mr. Gardner's
    25        statement in the pink bundle?
    26
    27   MS. STEEL:   No, they are not.
    28
    29   MR. JUSTICE BELL:  Can you remember offhand which ones are
    30        not?
    31
    32   MS. STEEL:   The letter of 6th May (which is the one I was
    33        going to refer to) is not in the bundle.
    34
    35   MR. JUSTICE BELL:  What I think would help me is where an
    36        exhibit to Mr. Gardner's statement is not in the pink
    37        bundle, that is one thing; if it is in the pink bundle, it
    38        would very much help me even if you are referring to the
    39        exhibit if someone can give me the pink bundle reference
    40        as well.
    41
    42   MS. STEEL:   Yes, I will be able to that.  If you could look
    43        behind you there are two bundles, pink bundle volume VI A,
    44        and there should be a pale blue bundle with Defendants'
    45        Statements on the top of it.  If you could look for your
    46        statement on the index and then find the exhibits behind
    47        it.
    48
    49   MR. JUSTICE BELL:  It is in H3.  If you turn through after your
    50        signature on the last page of your statement, you should 
    51        see ---- 
    52 
    53   MS. STEEL:  Is the new statement in that bundle?
    54
    55   MR. JUSTICE BELL:  Yes, it is.  That is the letter which
    56        Ms. Steel has referred you to, 6th May 1986.
    57
    58   MS. STEEL:   So you have the letter in front of you.  This
    59        letter, this was, sort of, kicking off your discussions
    60        with McDonald's in terms of providing ingredient