Day 025 - 16 Sep 94 - Page 15

     
     1
     2   Q.   A false statement of fact may land an advertiser in
     3        trouble notwithstanding that it is embedded in a whole lot
     4        of other material?
     5        A.  Correct.
     6
     7   Q.   Equally, although that document or advertisement may
     8        contain no false statement of fact in that particular
     9        sense, the overall impression of the whole document may be
    10        misleading?
    11        A.  Yes.
    12
    13   Q.   Is that what you are telling us?
    14        A.  Yes.
    15
    16   Q.   Have I understood you correctly?
    17        A.  You have restated parts of my testimony correctly.
    18
    19   Q.   I wanted to make sure I had it right.  Your objection to
    20        the McDonald's advertising campaign in 1987 was twofold,
         was it not?  First, you said there were inaccurate or
    22        false statements of fact amongst the advertisements.  Is
    23        that right?  You made three particular objections in your
    24        letter of complaint, did you not?
    25        A.  Generally speaking, the objection was that they were
    26        false, misleading and deceptive.  Those are the standards
    27        under our statute, but inaccurate would describe them as
    28        well.
    29
    30   Q.   I am sorry, I did not mean to misquote the statute.  But
    31        also you attacked the campaign overall for giving a
    32        misleading or deceptive impression, did you not?
    33        A.  Yes, sir.
    34
    35   Q.   Have you got the bundle VI A?
    36        A.  I do.
    37
    38   Q.   Can you turn to tab 33 at page 102?
    39        A.  I have it.
    40
    Q.   Do you understand what the document is of which that sheet
    42        forms part?  If you turn to the front of tab 33, you will
    43        see something like that.
    44        A.  As I mentioned yesterday, Mr. Rampton, if I turn to
    45        the front of tab 33, I do not because it is out of order.
    46
    47   MR. JUSTICE BELL:  His is rather different for some reason.
    48
    49   THE WITNESS:  It is in the bundle somewhere.
    50 
    51   MR. RAMPTON:  Mr. Gardner, I will give you the original. 
    52 
    53   THE WITNESS:  The one I have is largely illegible anyway.
    54        (Handed to the witness)
    55
    56   MR. RAMPTON:  For some reason the copy pages got muddled up
    57        when they were put into the file.   You see that is a mock
    58        up, a pastiche, of Time Magazine, if you like?
    59        A.  The document I have just been handed, yes.
    60