Day 046 - 04 Nov 94 - Page 22

     
     1        the reasons why we make available a lot of physical fitness
     2        and nutrition programmes, educationally.
     3
     4   Q.   If we go to another ad, which actually is behind Sue Dibb,
     5        I think.  It is one of those 12 documents that were behind
     6        Sue Dibb's statement.
     7        A.  Can you refer me again to the binder?
     8
     9   MR. MORRIS:   I think it is yellow volume VI.  Is that right?
    10
    11   MR. RAMPTON:  No.  Those are the Plaintiffs' statements.
    12
    13   MR. JUSTICE BELL:  It is in pale blue 1B, section D at number 2.
    14
    15   THE WITNESS:  That was all the way before tab 3, if I remember.
    16
    17   MR. JUSTICE BELL:  That is right.
    18
    19   THE WITNESS:  I have it.
    20
    MR. RAMPTON:  My Lord, I am a bit puzzled by this.  Mr. Morris
    22        mentioned 12 documents behind Sue Dibb.  I have three.
    23
    24   MR. MORRIS:  (To the witness)  If you just leave that for a
    25        minute; do not worry about it for the moment.  If we keep
    26        that open at that place, but if we just hold our fire until
    27        we get -- I am trying to get the original ad.  Do you
    28        remember an advert which announced your new McLean Deluxe
    29        as 91 per cent fat free?
    30        A.  Yes, I do.
    31
    32   Q.   That was a big promotion?
    33        A.  It was one of our promotions that year, yes.
    34
    35   Q.   That was a national promotion?
    36        A.  Yes. It was introduced nationally.
    37
    38   Q.   Did that continue for six months, or all year, or two
    39        years?
    40        A.  It continued for a considerable length of time.  I do
         not remember the exact amount.
    42
    43   MR. MORRIS:   I am trying to find the original advert.
    44
    45   MR. JUSTICE BELL:  Which one is it?
    46
    47   MR. MORRIS:  It is not actually in there.  There is a reference
    48        to it, but I want to show the original ad first.
    49
    50   MR. JUSTICE BELL:  Think about what you are going to put to the 
    51        witness, first of all, because the question you ended up 
    52        asking him about Slugger, you could have just put to me 
    53        that if the evidence was such and such, that would be
    54        deceptive.  The fact that Mr. Green has come from America
    55        and is employed by the First Plaintiff in a particular
    56        position did not enable him to answer the question one jot
    57        better or worse than any man in the street.
    58
    59   MR. MORRIS:  Right.  Okay.
    60