Day 048 - 08 Nov 94 - Page 59

     
     1
     2   Q.   If you turn back a page in this document you will see this
     3        is the general section - Advertising and Children. Second
     4        paragraph, "Misleadingness" - which is a queer sort of word
     5        but no doubt exists - "Children's ability to distinguish
     6        between fact and fantasy will vary according to their age
     7        and individual personality. With this in mind, no
     8        unreasonable expectation of performance of toys and games
     9        may be stimulated by, for example, the excessive use of
    10        imaginary backgrounds or special effects." Then there are
    11        special provisions about size and noise and constructions
    12        of craft or modelling toys and kits and so on, not to be
    13        exaggerated.
    14
    15        Then paragraph 5:  "Advertisements must not exalt children
    16        to purchase or to ask their parents or others to make
    17        inquiries or purchases."
    18
    19        Then 6:  "No advertisement may imply that unless children
    20        themselves buy or encourage other people to buy a product
         or a service invariably failing in some duty or lacking in
    22        loyalty."
    23
    24        Mr. Hawkes, never mind what those words might be thought to
    25        mean by any of us, my question is this:  do you recollect
    26        any advertisement of McDonalds - television advertisement
    27        of McDonalds - being rejected by the ITC on any of these
    28        grounds and if so, which?
    29        A.  No, I don't, no.
    30
    31   Q.   Thank you. Now, Mr. Hawkes, can I ask you to look at the
    32        little clip of papers which you say you received, your
    33        department that is, from the ITC, it must have been about a
    34        month ago, is that right or more recently?
    35        A.  Slightly less, I think.
    36
    37   Q.   Slightly less than that. And turn please to the first page
    38        of the new code proposals and two sentences beginning half
    39        way down the first paragraph, "Competitive product
    40        advertising," do you see that?
         A.  Yes, I do.
    42
    43   Q.   "Competitive product advertising can not really be expected
    44        to perform the same role as education and public
    45        information in promoting a varied and balanced diet. At the
    46        same time, it's important that such advertising should not
    47        undermine progress towards national dietary improvement by
    48        misleading or confusing consumers or by setting bad
    49        examples, particularly to children." Then it sets out some
    50        detailed provisions. 
    51        You told the defendants in answer to questions from one or 
    52        other of them that it was not your expectation that 
    53        McDonalds would have any difficulty complying with any of
    54        these new provisions; do you remember saying that?
    55        A.  Yes, I do.
    56
    57   Q.   My questions are these:  Would you want to comply with
    58        these new provisions?
    59        A.  Absolutely.
    60