Day 299 - 13 Nov 96 - Page 41
1 McDonald's were hoping for an association with fitness and
2 vigour; that football was considered to be a healthy
3 pastime, and that he did not have a problem being
4 associated with that.
5
6 Well, he might not, but we say that it is completely
7 deceptive to try and associate products which are high in
8 fat, sodium and sugar, low in fibre, with a healthy
9 pastime.
10
11 He said that hoping that people will think McDonald's food
12 is healthy is one of the aims. So, that is a clear intent
13 of their -- well, it is a clear admission of their intent
14 to effectively deceive the public into thinking their food
15 is a useful and nutritious part of any diet.
16
17 Mr. Hawkes agreed, on day 48, page 28, line 47, that there
18 was nothing about nutrition in the Golden Arches code. He
19 said that the Marketing Department was not formally aware
20 of the Health of the Nation document.
21
22 MR JUSTICE BELL: Well, he -----
23
24 MS. STEEL: He said that individuals might possibly have seen
25 it. That was on day 48, page 29, line 25. He said that
26 recommendations applying to the responsibilities of
27 companies regarding marketing have not been communicated to
28 the Marketing Department, as far as he knows.
29
30 MR. JUSTICE BELL: Well, I thought -- yes. I cannot pretend
31 that I had this particularly in mind, but, on page 50 in
32 tab 6 which you referred me to, there was a paragraph 13,
33 above the 14 -----
34
35 MS. STEEL: The one that says: "Nutrition advertising is
36 sensitive, consult your lawyers" -----
37
38 MR. JUSTICE BELL: "...take legal advice".
39
40 MS. STEEL: Which does not actually provide any advice about
41 not -----
42
43 MR. JUSTICE BELL: No. I can understand that -- because it was
44 thought to be such a sensitive subject that it was not
45 going to be left to the marketing people at all.
46
47 MS. STEEL: They could have put something in to the effect
48 of: "Do not promote McDonald's food as nutritious, because
49 we know it is not nutritious and people do not come to
50 McDonald's for nutrition" -- like they admitted in their
51 memo.
52
53 MR JUSTICE BELL: Well, I do not know. They say: "Go and talk
54 to the lawyers about it."
55
56 MS. STEEL: No doubt that was with a view to sailing as close
57 to the wind as possible.
58
59 MR. JUSTICE BELL: You can say that. I think he was wrong when
60 he said there is nothing about nutrition in the
