Day 038 - 19 Oct 94 - Page 59


     
     1        What you have to contemplate is the possibility that "at
     2        worst poisonous" means that, or may mean that a significant
     3        number of people may suffer -- I have not heard argument
     4        about it -- a toxic reaction from foods which include any
     5        one or more of the additives which are attacked in your
     6        pleading.
     7
     8        This is your witness on that topic.  What I suggest you do
     9        is carry on with this exercise.  If, having given his
    10        evidence, Dr. Millstone goes away and prepares an analysis
    11        of papers which, for instance, purport to show that the
    12        incidence of gastric upset and vomiting has a reaction to
    13        Sunset Yellow is one per cent of the population, or even
    14         .01 per cent of the population, then I will certainly
    15        listen to any application you make in the future to recall
    16        and to present that evidence once proper discovery of
    17        supportive articles has been made.
    18
    19        I suggest for the time being you go through these additives
    20        in the way you are doing.  I have already underlined what
    21        I think is the one reference to adverse human reaction in
    22        Amaranth.  I will draw your attention to that when we come
    23        to it.
    24
    25        What we cannot have really is Dr. Millstone in the witness
    26        box referring to some paper which he recalls and giving the
    27        name of an author and just leaving it there, on the basis
    28        that I will then be expected to attach any weight at all to
    29        the reference unless it is produced.  Do you understand?
    30
    31   MS. STEEL:   Yes.  I am not really sure, but all this line about
    32        how many people are affected has not really been mentioned
    33        before, and I am sure -----
    34
    35   MR. JUSTICE BELL:  It was mentioned in general terms by
    36        Professor Walker and, although I could see that the main
    37        thrust of Dr. Millstone is in another direction, he does
    38        deal with it.  If you turn to page 11, for instance, under
    39        "Toxicological evaluation and possible health hazards",
    40        the third sentence at the end of the second line:  "There
    41        is some direct human evidence that it can provoke
    42        hyperactivity and other symptoms of intolerance including
    43        asthma, eczema and urticaria".
    44
    45        It is very difficult for me to see that I can -- that
    46        statement is there, but I have to say it is difficult for
    47        me to see that I can attach any real weight in it so far as
    48        the case against McDonald's is concerned, unless it is
    49        being said that it occurs in a -- I use very general words
    50         -- significant number of cases rather than once in a blue 
    51        moon. 
    52 
    53   MS. STEEL:   Professor Walker did use the figure of one in a
    54        1,000 or thereabouts, and certainly we would argue that
    55        that is a significant number of people.
    56
    57   MR. JUSTICE BELL:  You are certainly entitled to pray-in-aid
    58        Professor Walker's evidence insofar as it helps you.  What
    59        I am focusing on now is the extent to which Dr. Millstone
    60        can help you since he is here and in the witness box.  By

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