Day 299 - 13 Nov 96 - Page 38


     
     1        products.
     2
     3        In this section about the use of ronald mcdonald on the
     4        following page, it says that the relationship of Ronald
     5        with children in a commercial -----
     6
     7   MR. JUSTICE BELL:   I have just read that.
     8
     9   MS. STEEL:   --  should be emotional and not physical.  It goes
    10        on at No 2 to say, "Ronald should be happy, jolly, lovable,
    11        funny and should like to be with children."  On page 59 we
    12        have the grimace character, and it says on that page that
    13        the grimace was initially conceived as a character
    14        representing McDonald's shakes.  It says that he has
    15        transcended that role now and he is now seen as Ronald's
    16        right hand man and closest friend, but he still maintains
    17        his love of shakes.  The French Fry Guys derive their names
    18        from the objects of their affections.
    19
    20   MR JUSTICE BELL:  I don't want to stop you going through this,
    21        this is really just a series of job descriptions.
    22
    23   MS. STEEL:   The point is that all these characters are being
    24        deliberately designed to associate McDonald's food with fun
    25        and having a good time.
    26
    27   MR. JUSTICE BELL:   I doubt there is any dispute about that.  It
    28        is to make McDonald's attractive to children one way or
    29        another.  I mean, really, I would be surprised if
    30        Mr. Rampton disputes any of this.
    31
    32   MR. RAMPTON:   Of course I don't.
    33
    34   MR. JUSTICE BELL:   That is the finest compliment I could pay
    35        any professional advocate, Mr. Rampton.  But, I think this
    36        much must all be common ground.  The question of where we
    37        go then is whether there is anything wrong about it, and
    38        you are putting your point on that.  That is the real issue
    39        in the case, put over simply.  I wonder whether, just
    40        pointing out that they are trying to get children to get
    41        into their stores, dragging their parents screaming and
    42        kicking after them -----
    43
    44   MS. STEEL:   To buy junk food which is not good for them.
    45
    46   MR JUSTICE BELL:  Yes.  Do any of these job descriptions, as
    47        I have described them, help on that, which is the real
    48        issue?
    49
    50   MS. STEEL:   It is the association of the food items with having
    51        fun.
    52
    53   MR. JUSTICE BELL:   Yes, well, that is what all children's
    54        advertising, whether it is food, toys, anything else, does.
    55
    56   MS. STEEL:   That is probably why some countries have banned all
    57        children's advertising.
    58
    59   MR. JUSTICE BELL:  That is what I call the nitty-gritty.
    60        Whether it is not a load of hocus-pocus to say that you

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