450 lines
24 KiB
Plaintext
450 lines
24 KiB
Plaintext
---------------------------------------------------------------------
|
|
US McLibel Support Campaign,
|
|
c/o Vermonters Organized for Cleanup, Box 120, E.Calais VT 05640
|
|
802-586-9628 dbriars@world.std.com
|
|
---------------------------------------------------------------------
|
|
December 19, 1994
|
|
|
|
11th, 12th, 13th Weeks Of The Trial
|
|
Advertising: The Manipulation Of Children
|
|
|
|
|
|
CONTENTS
|
|
|
|
Background
|
|
John Hawkes, Mcdonalds' Uk Chief Marketing Officer
|
|
Their Aim Is 2-8 Year-Olds.
|
|
Secret Internal Advertising Manual Revealed
|
|
Use Of Disney Toys And Themes
|
|
Misleading Ads Forced off the Air
|
|
David Green, The Corporation's Senior Vice President Of Marketing
|
|
What Mcdonald's Calls Its "Kids Business"
|
|
History Of Legal Disputes Over Dishonest Ads
|
|
Child Exploiting Ads Banned In Sweden
|
|
Mcnutrition: "coca Cola Qualifies As Nutritious"
|
|
Kenneth Miles, Chief Executive Of The Incorporated Society Of British Advertisers
|
|
The Folly Of Trusting Adv. Regulation To Industry Associations
|
|
Juliet Gellatley, For The Defendants, On Advertising
|
|
Young Children See Ronald As God
|
|
Using Mcdonald's Vouchers From Schools, Doctors, Dentists
|
|
Outright Distortion Of Reality
|
|
Mcdonald's Reply,
|
|
The Story Of How Mcl Coerced The Vegetarian Society To Back Down
|
|
-------------------------------------------------------------------------------
|
|
|
|
Background
|
|
|
|
After several years of pre-trial hearings, the McDonalds libel case against
|
|
two environmentalists - who were allegedly involved in distribution in
|
|
1989/1990 of the London Greenpeace leaflet "What's Wrong With McDonalds" -
|
|
began at the end of June 1994. It is set to run until DECEMBER 1995.
|
|
|
|
A total of approximately 170 UK and international witnesses will give
|
|
evidence in court about the effects of the company's advertising and the
|
|
impact of its operating practices and food products on the environment, on
|
|
millions of farmed animals, on human health, on the Third World, and on
|
|
McDonalds' own staff. They will include environmental and nutritional
|
|
experts, trade unionists, McDonald's employees, customers and top
|
|
executives.
|
|
|
|
McDonalds have claimed that wide-ranging criticisms of their operations, in
|
|
a leaflet produced by London Greenpeace, have defamed them, so they have
|
|
launched this libel action against two people (Dave Morris & Helen Steel)
|
|
involved with the group.
|
|
|
|
Prior to the start of the case, McDonald's issued leaflets nationwide
|
|
calling their critics liars. So Helen and Dave themselves took out a
|
|
counterclaim for libel against McDonald's which will run concurrently with
|
|
McDonald's libel action.
|
|
|
|
Helen and Dave were denied their right to a jury trial, at McDonalds'
|
|
request. And, with no right to Legal Aid in libel cases, they are forced to
|
|
conduct their own defense against McDonald's team of top libel lawyers.
|
|
|
|
The trial is open to members of the press and public (Court 35, Royal
|
|
Courts of Justice, The Strand, London WC2) and is set to run until DECEMBER
|
|
1995.
|
|
-----------------------------------------------------------------------------
|
|
|
|
11th, 12th, 13th Weeks Of The Trial Were Taken Up With Witnesses On
|
|
Advertising.
|
|
|
|
John Hawkes, McDonald's UK Chief Marketing Officer
|
|
|
|
John Hawkes, McDonald's UK Chief Marketing Officer, defended the company's
|
|
marketing practices and techniques and how it spends its UK budget of 35
|
|
million pounds per year (6% of total income). The purpose of advertising,
|
|
he said, is "communication", and "persuasion", to foster "brand awareness"
|
|
and "loyalty", in order to increase sales. "You have to keep your name in
|
|
front of people's minds. Without advertising", he said, "you might see the
|
|
company decline completely". He considered that advertising was "a key
|
|
element of free speech in this country".
|
|
|
|
Their Aim Is 2-8 Year-Olds.
|
|
|
|
Mr Hawkes said that McDonald's concentrates on TV as "the most powerful
|
|
advertising medium". Charts revealed that the company advertised to
|
|
children, in particular 2 to 8 year-olds, most weeks of the year. A
|
|
compilation of their TV ads was shown. The main techniques were the
|
|
promotion of "Happy Meals" with toys, and the use of Ronald McDonald and
|
|
happy "McDonaldland" characters based on food items. Mr Hawkes said that
|
|
all this was to "entertain" kids and to "make them feel McDonald's is a
|
|
fun, colorful place to be, that they would like to go to". He could see "no
|
|
ethical problem" with the use of Ronald and other characters.
|
|
|
|
Secret Internal Advertising Manual Revealed
|
|
|
|
Extracts from the corporation's official and confidential "Operations
|
|
Manual" were read out giving a more accurate insight into the company's
|
|
strategy: "Children are often the key decision-makers concerning where a
|
|
family goes to eat". Offering toys is "one of the best things..to make them
|
|
loyal supporters". Birthday parties are "an important way to generate added
|
|
sales and profits". Ronald McDonald "is a strong marketing tool". "Ronald
|
|
loves McDonald's and McDonald's food. And so do children, because they love
|
|
Ronald. Remember, children exert a phenomenal influence when it comes to
|
|
restaurant selection. This means that you should do everything you can to
|
|
appeal to children's love for Ronald and McDonald's."
|
|
|
|
The company's ads, Mr Hawkes admitted, create "an image in the child's
|
|
mind" to get them "to encourage their parents to bring them into
|
|
McDonald's". He hoped that teaching them McDonald's songs would "keep the
|
|
memory of McDonald's at the forefront of their minds so they can again ask
|
|
their parents if they can come to McDonald's". The company didn't target 8
|
|
to 15 year-olds so much, Mr Hawkes said. "At that age they do not pester
|
|
their parents to go to McDonald's. It does not work in the same way". "They
|
|
are not as brand loyal"as the 2 to 8 year-olds".
|
|
|
|
He stated that when McDonald's was launched in a new region or country
|
|
(this included Scotland a few years ago), the company would at first
|
|
advertise exclusively to children. He said "one of the tactics is to reach
|
|
families through children".
|
|
|
|
Use Of Disney Toys And Themes
|
|
|
|
The company also uses promotions as a cheap form of publicity - Mr Hawkes
|
|
recognized McDonald's were "riding on the back of Disney's popularity" by
|
|
using Lion King toys in their stores. Furthermore, during the World Cup the
|
|
company had run an advertising campaign showing a boy practicing football.
|
|
Mr Hawkes said the company was trying to associate McDonald's with the
|
|
World Cup and sport and agreed this was to associate McDonald's with
|
|
fitness and vigor, and to make people think "our food is healthy".
|
|
|
|
Misleading Ads Forced off
|
|
|
|
Mr Hawkes accepted that the Advertising Standards Authority had forced
|
|
McDonald's to withdraw two of their newspaper ads: one in 1990 for
|
|
misleading the public into believing the company used fewer additives in
|
|
their food than are in fact used, and the second in 1991 for making
|
|
misleading claims about the recyclability of their packaging when they were
|
|
not engaged in recycling it themselves.
|
|
|
|
During 1991, worried that customers were visiting less frequently, the
|
|
company conducted a survey. This revealed that such customers characterized
|
|
the company as being "loud, brash, American, successful, complacent,
|
|
uncaring, insensitive, disciplinarian, insincere, suspicious, arrogant".
|
|
|
|
He referred to charts that indicated 8% of people who ate out did so at
|
|
burger places - 70% of whom went to McDonald's. The heaviest users of
|
|
McDonald's are 16 to 24 year-olds who also eat a lot of other fast food.
|
|
The company claims to support official " Health of the Nation" dietary
|
|
initiatives to improve the population's health but, when questioned, Mr
|
|
Hawkes admitted this had had no effect on their marketing department.
|
|
|
|
|
|
David Green, the Corporation's Senior Vice President of Marketing
|
|
|
|
David Green, the Corporation's Senior Vice President of Marketing came from
|
|
the USA - his evidence lasted 4 days. McDonald's Annual Report records that
|
|
the company is the largest food service organization in the world, and in
|
|
1993 worldwide expenditure for advertising and promotions totalled $1.4
|
|
billion, about 6% of sales. Mr Green said $870m was spent annually in the
|
|
USA alone. He agreed they had pioneered "unusual" marketing methods which
|
|
had been "copied by others".
|
|
|
|
Mr Green said that both adults and children would see several McDonald's
|
|
advertisements a week. He agreed that young children of "Ronald age" of 0-8
|
|
years were "impressionable", but he defended the targeting of "Ronald age"
|
|
kids and said Ronald was a "friend". (The company employed 100-200 Ronalds
|
|
for local performances and events). He was asked: "do friends usually
|
|
promote multinational corporations and sell their products?". He replied:
|
|
"I'm not sure how I can react to that". Adverts directed at older kids
|
|
("tweens" aged 9-16 years) aimed to "make sure they feel that McDonald's
|
|
understands them". A video compilation of McDonald's US children's ads was
|
|
shown featuring "Happy Meals" free toys promotions, Ronald McDonald and the
|
|
"McDonaldland" characters. The company's "Hamburger Patch" portrayed happy
|
|
burgers growing on plants. (Mr Green said that the truth, i.e.
|
|
slaughterhouses, "would not be very appetizing").
|
|
|
|
What McDonald's calls its "Kids Business"
|
|
|
|
The Defendants referred to the company's confidential "Operations Manual"
|
|
which detailed the real purpose of using their clown (see Hawkes). It
|
|
described their overall relations with children as their "kids business"
|
|
and referred to their annual distribution of 28 million free company
|
|
magazines to kids, stating "they go into homes as a constant reminder of
|
|
McDonald's".
|
|
|
|
McDonald's internal code for their ads states that an aim is to make people
|
|
feel "a warm empathy towards the commercial" and therefore, he agreed,
|
|
"feel an empathy towards the company". He denied this was "manipulating
|
|
people's emotions". He also denied " brainwashing children with Ronald
|
|
McDonald" or having a "hidden agenda" in the use of Ronald. However, he
|
|
recognized that McDonald's "could change people's eating habits" and that
|
|
children were "virgin ground as far as marketing is concerned".
|
|
|
|
He agreed that community and charitable activity was "a benefit to the
|
|
company" and "good business" which gained "free publicity", and he
|
|
explained how "educational" promotions in schools "generate better
|
|
feelings" towards McDonald's and lead to more "patronage".
|
|
|
|
History Of Legal Disputes Over Dishonest Ads
|
|
|
|
Mr Green was questioned about some controversies and run-ins with critics
|
|
or the authorities over advertising campaigns which had been called
|
|
"deceptive': Chicken McNuggets ads (1985), a national nutrition week (1993)
|
|
toy called "Slugger" promoting meat for strength, and their "McLean Deluxe"
|
|
burger advertised as "91% fat free". He defended their national ads
|
|
campaign in 1987 which he agreed had been set up to "neutralize the junk
|
|
food misconceptions about McDonald's good food". He said the company knew
|
|
this would be a "controversial issue" - indeed, 3 Attorneys General
|
|
demanded the campaign be withdrawn as "deceptive" and an attempt to "pull
|
|
the wool over the public's eyes" as their food was "on the whole, not
|
|
nutritious". Mr Green said he could not remember the company ever having
|
|
withdrawn any ads due to criticism from public bodies. McDonald's felt
|
|
"there should not be censorship of advertising", he said. However, he
|
|
remembered that they dropped an ad unfavorably portraying a car wash- they
|
|
had received a complaint from the Car Wash Association (a trade body).
|
|
|
|
Child Exploiting Ads Banned In Sweden
|
|
|
|
He claimed to be unaware of bans limiting the use of Ronald McDonald in
|
|
Sweden, on an ad in Finland which "exploited the loneliness of a child", on
|
|
an ad in Denmark which used toys to promote their "Happy Meals", or of
|
|
controversies surrounding Ronald McDonald appearances at kindergartens in
|
|
Germany, Happy Meal promotions in South Korea, and of the targeting of kids
|
|
in Japan to help establish beef as a popular food. He was also unaware of a
|
|
ban in Australia on a McDonald's ad which described their packaging (made
|
|
with HCFCs) as "ozone friendly". He claimed the company took official
|
|
criticism "seriously" but conceded that they had "no system" of spreading
|
|
details of such criticisms throughout the company.
|
|
|
|
McDonald's Annual Report identifies "any establishment serving or selling
|
|
food as competition" - Mr Green agreed that the company aims to create new
|
|
markets wherever possible, for example in hospitals and schools. Half of
|
|
those who eat out in America do s o at fast food stores, a third of whom
|
|
eat at burger joints (and 40% of these eat at McDonald's).
|
|
|
|
Mcnutrition: "Coca Cola Qualifies As Nutritious"
|
|
|
|
An internal memo indicated that McDonald's had been worried about
|
|
"constant nutrition attacks" on the company. Mr Green asserted that the
|
|
company cared about public health, and stated: "McDonald's food is
|
|
nutritious" and "healthy" - when asked what the company meant by
|
|
"nutritious" he said: "provides nutrients and can be a part of a healthy
|
|
balanced diet". He admitted this could also apply to "a packet of sweets".
|
|
When asked if Coca Cola could be described as "nutritious" he replied that
|
|
it was "providing water, and I think that is part of a balanced diet". He
|
|
agreed that by his definition Coke was nutritious. The Defendants put to
|
|
him the Food and Drug Administration's recent official definition of a
|
|
"healthy" food - "low in fat..ch olesterol and sodium, and a good source of
|
|
one or more of 6 important nutrients" - which would soon apply to
|
|
advertising as well as labelling.
|
|
|
|
Mr Green stated that they didn't propose that people could sensibly eat
|
|
McDonald's food "as part of a diet composed largely of that kind of food".
|
|
He said 85-95% of Americans visit McDonald's, although a quarter of their
|
|
customers ('heavy users') made 75% of all visits. 11% of visits were from
|
|
"Super Heavy Users", who ate there 4 or more times per week. Mr Green said
|
|
their marketing strategy was to target heavy users to increase their
|
|
frequency of visits.
|
|
|
|
Mr Green denied there was a "huge credibility gap" between the reality of
|
|
McDonald's food and the way they portrayed it.
|
|
|
|
|
|
Kenneth Miles, Chief Executive Of The Incorporated Society Of British
|
|
Advertisers
|
|
|
|
Kenneth Miles, Chief Executive of the Incorporated Society of British
|
|
Advertisers, a trade association which promoted the interests of its
|
|
commercial members, including McDonald's, gave evidence about the purpose
|
|
of advertising, McDonald's use of it, and the remit of advertising
|
|
regulatory bodies.
|
|
|
|
Mr Miles said that he had watched McDonald's advertisements and could see
|
|
nothing wrong with them. In his view, they complied with the Independent
|
|
Television Commission (ITC) regulations. He admitted, however, that many of
|
|
the ITC regulations were open to interpretation. He said that ITC codes
|
|
forbade advertisers from "encouraging children to nag their parents", but
|
|
he admitted that the effect of adverts "in life" was just that.
|
|
|
|
The ITC codes also stated that adverts should not "take advantage of
|
|
children's natural credulity or sense of loyalty". The Defendants referred
|
|
Mr Miles to a passage in the company's Operations Manual (see evidence of J
|
|
Hawkes), which reads "Ronald loves McDonald's and McDonald's food, and so
|
|
do children because they love Ronald....you should do everything you can to
|
|
appeal to children's love of Ronald and McDonald's". Mr Miles was asked if
|
|
he thought the company was saying they should appeal to children' s love
|
|
for and loyalty to a character to get them to buy the food. He replied "I
|
|
think they are saying something like that...but what they do in internal
|
|
company documents...is a different matter" to their advertising. He said
|
|
that in Sweden, the use of cartoon characters in advertising was
|
|
restricted, and some countries banned the use of toys in promotions.
|
|
|
|
He agreed that the fast food industry is a growing part of the "eating out"
|
|
market , and collectively makes up "a very substantial portion of food
|
|
advertising". Advertising was, he claimed, "a relatively small influence"
|
|
on people's food choices, but he later admitted that one particular ad for
|
|
milk had increased milk consumption amongst children "quite substantially
|
|
in the weeks after".
|
|
|
|
The Folly Of Trusting Adv. Regulation To Industry Associations
|
|
|
|
He agreed with the "Health Of the Nation" recommendations that
|
|
advertisers should be "developing marketing practices more conducive to
|
|
healthy food choices", and "giving the public information which encourages
|
|
healthy eating ". As a result of these recommendations, the ITC was now
|
|
examining its Codes of Practice for TV food ads. The ITC had received
|
|
representations from various consumer and health organizations (including
|
|
the National Food Alliance) which wanted restrictions on food advertising
|
|
to children, some calling for outright bans on advertising fatty and sugary
|
|
foods to children (as with cigarettes and alcohol). This was opposed by the
|
|
advertising and food industry, who argued that there was insufficient
|
|
evidence that advertising had a significant effect on food type choices.
|
|
Mr Miles said he would associate himself with the industry position.
|
|
The new ITC proposals were now circulating. They recommended that
|
|
advertising "should not undermine progress towards national dietary
|
|
improvement by misleading, or confusing consumers, or by setting bad
|
|
examples, particularly to children", and suggesting regulations against
|
|
encouragement of "excessive consumption of any food", eating practices
|
|
detrimental to dental hygiene, and against generalized health claims "for
|
|
goodness or wholesomeness" not backed up by medical evidence.
|
|
|
|
He agreed that McDonald's ads were "portraying their food as attractive,
|
|
desirable and healthy". He disagreed that "the portrayal of food as
|
|
entertainment...that gives not nourishment but gratification, is a serious
|
|
nutritional problem in this country".
|
|
|
|
|
|
Juliet Gellatley, For The Defendants, On Advertising
|
|
|
|
Juliet Gellatley, former Director of Youth Education and Campaigns of the
|
|
Vegetarian Society, currently Director of VIVA (an educational charity),
|
|
gave evidence for the Defense about the effects on young people of
|
|
McDonald's advertising. As Director for Youth Education she gave talks to
|
|
about 30,000 children of all ages at 500 classroom debates, and also to
|
|
thousands of adults as well on vegetarianism and related issues.
|
|
|
|
Following the talks children discussed changing their diets. On many
|
|
occasions, of those interested in "going vegetarian". Some felt they
|
|
couldn't because they would be the "odd one out" or "be laughed at" if they
|
|
couldn't go to McDonald's. They often said this was "because of the hype"
|
|
and when questioned further they talked about McDonald's advertisements
|
|
which they had seen. She stated she had been surprised that "McDonald's was
|
|
the only burger chain specifically mentioned" in any of the talks, and that
|
|
it came up "so often".
|
|
|
|
Young Children See Ronald As God
|
|
|
|
The younger kids "kept mentioning...Ronald McDonald" who they "obviously
|
|
looked up to" as "just a pure and positive and fun character and something
|
|
quite real to them". In fact, "almost some kind of a mini-god". "The thing
|
|
that worried me greatly was", she said, "these younger children seem to
|
|
think it did not matter how much of McDonald's products they ate, and that
|
|
was...healthy and that was good, because Ronald McDonald told them that was
|
|
so".
|
|
|
|
Using McDonald's Vouchers From Schools, Doctors, Dentists
|
|
|
|
Ms Gellatley also identified McDonald's sponsorship - using vouchers etc.
|
|
given out to children by schools, dentists, and doctors as "rewards" - as
|
|
being "just an advertising gimmick...to get them to be loyal to
|
|
McDonald's". Rather than seeing junk food endorsed, "they should be
|
|
actively discouraged from eating it". The company was even associated with
|
|
children's hospitals. Sponsorship was a particular problem which apparently
|
|
sanctioned McDonald's and helped children to feel not "normal" if they did
|
|
not want to go there. All this had "influenced them to see McDonald's...as
|
|
a part of their life". The majority "did not question" this - "they just
|
|
took it as fact, really". The children were being "conned".
|
|
|
|
Ms Gellatley stated that McDonald's claim that they don't exploit children
|
|
because "children are never encouraged to ask their parents to bring them
|
|
to McDonald's" was "farcical". "Clearly the main purpose of advertising
|
|
aimed at 2 to 8 year-olds is precisely to encourage children to ask their
|
|
parents to take them to McDonald's, otherwise what would be the point in
|
|
advertising directly to such young children". How could young children, she
|
|
said, "differentiate between what is real and what is not", "what is good
|
|
for them and what is bad", and "between being sold to and not being sold
|
|
to". "I think McDonald's play on that as much as they possibly can...this
|
|
is what I mean by exploiting children." "They just think it is information"
|
|
and "fun"
|
|
Many of the adults she had talked with had also mentioned the influence
|
|
their children had in getting them to take them to what they termed "a junk
|
|
food place like McDonald's", which advertising had succeeded in portraying
|
|
as a "treat". "A lot of parents think their children eat too much junk
|
|
food", she said.
|
|
|
|
Outright Distortion Of Reality
|
|
|
|
Younger children are "not aware that the products come from once living
|
|
creatures". A "false view" was given by ads such as "dancing Nuggets that
|
|
sing happy songs" and that are "happy to be eaten" etc., "without giving
|
|
them any real information or facts a bout what those products are". In
|
|
reality, of course, they are "broiler chickens who are very intensively
|
|
farmed". But "Ronald McDonald is like a Father Christmas figure to
|
|
them...he certainly wouldn't factory farm chickens or slit the throats of
|
|
cows" nor cause children "any ill-health". Other food suppliers, she
|
|
pointed out, did the same.
|
|
|
|
She emphasized that it was the "pressure from advertising and
|
|
sponsorship...and the hype" which led to children wanting to visit
|
|
McDonald's so often. No other burger chain "seems to figure in their
|
|
psyche".
|
|
|
|
McDonald's Reply,
|
|
|
|
McDonald's Counsel, Richard Rampton QC, failed to challenge her evidence.
|
|
Instead, he showed a Vegetarian Society 20 min video used in some of Ms
|
|
Gellatley's talks - an educational film about the effects of the meat
|
|
industry on human health, the environment, world hunger and on animals. In
|
|
the whole film, only two words alluded to McDonald's products but Mr
|
|
Rampton therefore reasoned it was "principally aimed at McDonald's". She
|
|
replied, "no, of course it was not". It was to show the children "the
|
|
reality of meat production and what is going on in the world".
|
|
|
|
The Story Of How Mcl Coerced The Vegetarian Society To Back Down
|
|
|
|
He asked her about McDonald's solicitors forcing her, on behalf of the
|
|
Vegetarian Society, to apologize for an interview with singer Morrissey in
|
|
their youth magazine linking McDonald's and rainforest destruction. She
|
|
said "we published the apology because there was not the money to fight the
|
|
case". She still believed McDonald's in the USA had used beef from ex-
|
|
rainforest land. The Defendants asked her how she'd feel "if it was found
|
|
out that McDonald's had lied to...the Vegetarian Society, in order to get
|
|
an apology, about their non-use of ex-rainforest land". She replied
|
|
"deceived...and I would want to redress the situation". She agreed it would
|
|
"reflect on the quality of information from the company in general".
|
|
|
|
"In my view", she said, "McDonald's are involved in producing meat in such
|
|
a huge quantity that they are involved...in killing millions and millions
|
|
of animals, and all the environmental devastation which goes with that. And
|
|
also...it is a junk food". "I am putting the other side of the story, which
|
|
is very rarely put to people because we do not have the money that
|
|
McDonald's have."
|
|
----------------------------------------------------------------------
|
|
All quotes are taken directly from the court transcripts. For further
|
|
details about any of the above, contact the McLibel Support Campaign.
|
|
|
|
|
|
Campaign Statement:
|
|
The McLibel Support Campaign was set up to generate solidarity and
|
|
financial backing for the McLibel Defendants, who are not themselves
|
|
responsible for Campaign publicity. The Campaign is also supportive of, but
|
|
independent from, general, worldwide, grassroots anti-McDonalds activities
|
|
and protests.
|
|
|
|
|
|
|
|
|
|
|