Day 292 - 01 Nov 96 - Page 38


     
     1        exaggerating or only putting part of the picture.  I don't
     2        think it means that if someone gets a piece of paper which
     3        says 'recycled' on it, that in fact it is not, or does not
     4        contain any, recycled content.  That would be a lie, and it
     5        does not say that there.  In fact, it says only a tiny
     6        percent of it is, i.e., implying that it is an
     7        exaggeration, they are exaggerating.
     8
     9   MR JUSTICE BELL:  Just pause a moment.  (Pause) Well, if one is
    10        looking for justification of that statement, whatever it
    11        means, are you saying one looks at bags, for instance, or
    12        whatever, with 'recycled paper' stamped on it, or whatever
    13        the logo is, and says that that is deceptive because it
    14        gives the impression that a large part of it is recycled
    15        when it is only a small part?  That is situation one.  Or
    16        are you saying that amongst the publicity material
    17        McDonald's put out, like fact sheets, they pretend that
    18        they have recycled quite a lot, but they do not actually do
    19        that because nothing is recycled after it has gone through
    20        its full useful life, or only a tiny percentage of it?
    21
    22   MR. MORRIS:   Yes, it is the second point.  Well, you know, as
    23        they say, we do not want to get too convoluted in the
    24        construction, but the sting of it is that when McDonald's
    25        say they are using recycled paper they are exaggerating.
    26        Now, I would say that means that if it is on a particular
    27        item what is the exact recycled content, or when they say
    28        in their pamphlet how committed they are to using recycled
    29        paper, or talking to the press, or whatever, because those
    30        would be two major sources of information the public get
    31        physically on the packaging itself and through McDonald's
    32        own documentation and press releases, whatever.  But it is
    33        clear, the sting of it is that McDonald's are making claims
    34        about using recycled paper one way or the other, but only a
    35        tiny percent of it actually is.
    36
    37   MR JUSTICE BELL:  Do you actually have a list of the documents
    38        or bits of photograph where I can see their representations
    39        of recycling, whether it is just a letterhead which had
    40        'recycled paper' on it, or a bag which had 'recycled
    41        paper' on it, or if it is a McFact card; do you see what
    42        I mean?
    43
    44   MR. MORRIS:   I have not got a separate list.  It has come up in
    45        evidence as we have gone through.  Some of it is just not
    46        any particular specific document, it can be a press report
    47        from what they-----
    48
    49   MR JUSTICE BELL:  Yes.  What I think might help me, if I just
    50        had a few examples amongst all the documents I have got,
    51        and again this is something you can put in, direct me where
    52        in the papers, I know there is the McFact card.  Just pause
    53        a moment.  (Pause) Can you think of anything else, just at
    54        this minute?
    55
    56   MR. MORRIS:   You know, I think a big thing about the specific
    57        words 'recycled paper' on a item from packs, or general
    58        claims about specific items, is that that recycled content
    59        is not genuinely recycled.
    60

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