Day 246 - 09 May 96 - Page 61
1 was, and we did away with that. But we took counsel from
2 government, we took counsel from the industry, and
3 determined that what might have been right for the United
4 States and their situation was not right for here. The
5 officials in the Ministry of Environment I spoke to here
6 said that the recyclability of foam was not something they
7 thought we should walk away from easily. Equally, there is
8 always a push and a pull. The material used to make
9 expanded polystyrene was not -- totally went to waste from
10 the petroleum industry. The alternative was to use
11 forestry products. We preferred not to do that at that
12 moment in time. So, it is a very conscious decision not to
13 go all the way, plus the consumer research here said
14 something quite different.
15
16 Q. This is 1st November 1990, this particular memo. I want to
17 see if there is any more on packaging. Move on to another.
18
19 MR. JUSTICE BELL: Let me just note the date of that. It is
20 1990?
21
22 MR. MORRIS: November, yes.
23
24 MR. JUSTICE BELL: 1st November, 1990. Yes.
25
26 MR. MORRIS: Actually, there is one nutrition matter I was going
27 to bring up that I forgot in passing. Do you remember a
28 Company being fined by Stratford upon Avon magistrates for
29 selling doughnuts not using real chocolate -- fined £350
30 with £2,800 costs?
31 A. I remember that case, yes.
32
33 Q. Yes. Do you recall that the Stratford bench reached their
34 decision after hearing a food scientist who appeared for
35 McDonald's say most people who bought the food in
36 McDonald's would not expect real chocolate?
37 A. I do not remember that statement, but I remember the
38 case.
39
40 Q. You do not happen to know who was the food scientist who
41 appeared for McDonald's?
42 A. No, I do not.
43
44 Q. That is an accurate description as far as the fine is
45 concerned anyway?
46 A. I could not confirm or deny that either, I do not
47 remember. I know the case though.
48
49 Q. You remember the company was fined?
50
51 MR. RAMPTON: Can I politely enquire as to what issue in the
52 case this goes?
53
54 MR. MORRIS: It goes to accurate portrayal of food products.
55
56 MR. RAMPTON: Where does that arise, I ask my Lord, in the
57 context of this case?
58
59 MR. MORRIS: It goes to the deceptiveness in the terms of the
60 portrayal of McDonald's food.
