Day 046 - 04 Nov 94 - Page 23
1 MR. JUSTICE BELL: If it is the same in relation to this, you do
2 not need to ask Mr. Green. If there is something for
3 Mr. Green's particular focus you want to get, put it to him
4 straightaway.
5
6 MR. MORRIS: Okay then. (To the witness) The McLean Deluxe
7 that was advertised as 91 per cent fat free has been
8 characterised as deceptive marketing, as far as I am aware?
9 A. The first time I read of that characterisation is when
10 I read those articles that were handed to me several nights
11 ago.
12
13 Q. If I just ask the question straightaway. That is the case,
14 is it not, of an advert which concentrates on a statistic
15 which is, in fact, meaningless, is it not?
16 A. I do not think it is meaningless. I mean-----
17
18 Q. How does that help people who are concerned about heart
19 disease -- which is, presumably, the reason why you
20 sponsored the McLean Deluxe?
21 A. Yes -- who would like to have a hamburger that had less
22 percentage of fat in it.
23
24 Q. Because of health concerns?
25 A. Yes, and as far as their diets concerns, yes.
26
27 Q. If they ate a lower fat burger, then that would be better
28 for their health?
29 A. It certainly could fit into their diet.
30
31 Q. It would be better for their health, would it not?
32 A. Again, I am not a nutritionist. I cannot talk to you
33 about what is good or bad from that perspective.
34
35 Q. You see, this is the general problem, is it not, with your
36 advertising and the statistics you use, that if you say
37 something is 91 per cent fat free, are people going to draw
38 a certain conclusion that, therefore, it is a healthy
39 option, that only nine per cent----
40 A. I think people are used to shopping-----
41
42 MR. MORRIS: ----of what they should be concerned about, there
43 is only nine per cent of it when, in fact, your
44 nutritionists will be telling you, no doubt, that the
45 government's position is something different; the important
46 thing is the percentage of calories from fat which, in
47 fact, were much greater than nine per cent?
48
49 MR. JUSTICE BELL: Do you know anything about that? Can you
50 comment on that, Mr. Green?
51 A. The common way that people buy a hamburger in the
52 United States is on a percentage of fat basis. That is how
53 it is labelled in the grocery stores. Therefore, this ad
54 -- well, the introduction of McLean Deluxe was based on
55 that now you can have a hamburger at McDonald's that is
56 nine per cent, as opposed to 18 or 20 or 22 per cent, which
57 is what is usually bought in the grocery store.
58
59 MR. MORRIS: It is not how you put it in your nutritional
60 information, is it? You put it in terms of percentage of
