Day 298 - 11 Nov 96 - Page 26


     
     1        those two pages.  I don't know whether the pages are
     2        actually numbered.  I numbered mine.
     3
     4   MR. JUSTICE BELL:   So all those are in comparison with other
     5        stores, are they?
     6
     7   MS. STEEL:   Pages 27 and 28 were in comparison with other
     8        stores.  Well, no, the figures are not in comparison with
     9        other stores, but other stores' figures are set out
    10        alongside them.  But the figures on page 25 were just the
    11        figures for McDonald's, which were the ones that I read
    12        out.
    13
    14   MR. JUSTICE BELL:   What is the true context of those figures?
    15        They do not prove that, do they?  Do you say they are
    16        evidence that it is unhealthy or healthy or that it is
    17        evidence of the perception of the customers?
    18
    19   MS. STEEL:   Well, Mr. Fairgrieve did say that these figures
    20        would not really have changed much over the course of the
    21        years, and I think you specifically asked him about at the
    22        time of the alleged libel.  So I think it is just evidence
    23        that most people basically know that despite what the
    24        company is trying to portray its food as, it is in fact
    25        unhealthy, and so the fact sheet we are being sued over
    26        would not have lowered their opinion of McDonald's in those
    27        terms.
    28
    29   MR. JUSTICE BELL:  I understand that.  I cannot treat it as
    30        evidence that it is unhealthy.  I can treat it, you say, as
    31        affecting the extent to which its reputation is affected,
    32        if in fact there is an unjustified defamatory statement.
    33
    34   MS. STEEL:   Yes.  I mean, obviously, we would say that the
    35        statement is completely justified anyway, but the point is
    36        that that is how a large percentage of their customers view
    37        them anyway.
    38
    39   MR. MORRIS:   I think there are two further points.  Obviously,
    40        if McDonald's customers think that, they are the people
    41        that are going to be most positive about McDonald's.  That
    42        is one consideration.  And the other thing is that this
    43        point about this question, McDonald's obviously recognise
    44        that some food products are healthier than other ones, or
    45        some products can be described as healthy and some can be
    46        described as unhealthy, which is obviously part of our
    47        case, and something they have been try to resist during the
    48        trial.
    49
    50        It is pretty clear, especially in the light of the Food and
    51        Drug Administration definition, which is now law in the
    52        States, that it is just standard to describe products as
    53        healthy or unhealthy or indeed to prevent them being
    54        described so.
    55
    56        By definition, we would say that McDonald's food falls
    57        outside the category of healthy and in the category of
    58        unhealthy, which is an important point because it relates
    59        to the counterclaim press release and McDonald's in the
    60        press release say, and which they claim is lies, that the

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