Day 043 - 01 Nov 94 - Page 24

     
     1   Q.   Has McDonald's Corporation in the United States ever fallen
     2        foul of the regulatory authorities, in the sense of an
     3        adverse finding, in relation to any of its children's
     4        advertising?
     5        A.  I am not aware of any.
     6
     7   Q.   Another trip to the book shop, please.  Pink file X.  It
     8        should be an Operations Manual.
     9        A.  Yes.
    10
    11   Q.   This is the United States version.  Can you turn to
    12        page 149, please?
    13        A.  Okay.
    14
    15   Q.   Before I ask you about this page, can I ask you one more
    16        question about regulation?  You heard Mr. Hawkes, if you
    17        were in court, you would have heard him say that, in this
    18        country, children's television advertising has to be
    19        pre-vetted by the Independent Television Authority before
    20        it is put out.  Is that the position in the United States
         or not?
    22        A.  No, it is not.
    23
    24   Q.   What happens if a company -- I gather from your last answer
    25        but one, not McDonald's -- but if a trading company
    26        contravenes the NBC or CBS guidelines, what sanctions or
    27        penalties may follow from that?
    28        A.  The network would refuse to run the advertisement.
    29
    30   Q.   Now can we look at page 149?  I am only concerned with the
    31        little bit at the top of the page:
    32
    33             "Kids' Atmosphere. Children are often the key decision
    34        makers concerning where a family goes to eat.  Although the
    35        parents decide when to go out, the children many
    36        times 'decide' where to go.  What do they look for in their
    37        decision?  Food, folks and fun.  And they look for personal
    38        extra touches and surprises that make dining out a fun
    39        event."
    40
         First of all, so far as is that first paragraph is
    42        concerned, Mr. Green, do you agree with the sentiment which
    43        it appears to express?
    44        A.  Yes, I do.
    45
    46   Q.   What do you see as being the reason why, in a sentence of
    47        that kind, it is appropriate to put to emphasise the words
    48        "when to go out" and the words "where to go out"?
    49        A.  Well, in most cases, obviously for a young child, the
    50        decision to go out is made by the parent:  "We are going to 
    51        go out this evening" or "Would you like to go out to dinner 
    52        this evening?"  Then it is sometimes a negotiation between 
    53        the parent and the child as to where they want to go, or
    54        the parent may say to the child:  "Where would you like to
    55        go", or the parent may say:  "This is where we are going."
    56        So it ranges all over that particular field.
    57
    58   Q.   A phrase which is much used, Mr. Green, by the opponents of
    59        McDonald's and others is "pester power" or "pester
    60        factor".  Are you familiar with that phrase?