Day 013 - 19 Jul 94 - Page 05

     
     1        McNuggetts is 100% chicken is false because the product is
              fried in beef fat which leeches it to the chicken meat and
     2        sodium phosphate is added to the chicken".
 
     3        Then it goes on to say: "As you are aware, consumers have
              a growing interest and concern for matters involving good
     4        nutrition.  To reduce the serious risks of cardiovascular
              disease and certain cancers many doctors and scientists
     5        have stressed the need for consumers to lessen their
              intake of red meat.  As a result of such advice, this
     6        office believes that many consumers reasonably regard
              skinless chicken as a favourable and healthful
     7        alternative, and are likely to view McNuggetts as meeting
              this need.
     8
              In the light of these facts, we are seriously concerned
     9        about the impact of your current advertising campaign on
              New York consumers. Consequently we wish to inform you
    10        that we have commenced a formal enquiry into this matter.
              We therefore request that you submit all advertisements
         and point of sale materials for chicken McNuggetts which
              are used in New York from January 1st, 1985 to date and
    12        substantiation for the above mentioned claims.  Such
              substantiation and advertisement should be produced at our
    13        office by September 20th, 1985.
 
    14        If you have any queries, please contact the assistant
              Attorney General, Leslie E Rossum(?).  Your co-operation
    15        would be appreciated."
 
    16        That is from Steven Mandell, the Assistant Attorney
              General.  So it is clear, is it not, that there had been
    17        prior communication in the months prior to the
              introduction of these ingredient listings with the
    18        department of New York or the legal department of New
              York?
    19        A.  Yes.  There had been prior communication.  There had
              been communication on other matters even prior to this.
    20
         Q.   Would you agree that the provision of or the discussions
         you had with the New York State Attorney General's
              department about the provision of ingredient listings was
    22        something that came out of this, came out of your
              discussions on the chicken McNuggetts advert?
    23        A.  I do not recall that.  I do recall that this
              investigation -- we cannot stop them from beginning
    24        investigations -- like all the others, both prior and
              subsequent, went nowhere and were dropped.
    25
         Q.   As I understand it, there may not have been any formal 
    26        action at the end of this but, as a consequence of this 
              letter, the discussions took place about ingredients 
    27        brochures and this was what led to the discussions about
              ingredients brochures?
    28        A.  Well, clearly discussions concerning ingredients took
              place subsequent to this.  I do not recall them having
    29        been as a result of this or as a consequence of those
              discussions that we should have to put these brochures in
    30        because they had alleged, they had brought this formal
              enquiry to us; there was not that relationship.