Day 292 - 01 Nov 96 - Page 37


     
     1
     2        It does not say that they have lied about any particular
     3        product and, of course, it is our case that even the use of
     4        the word 'recycled' people should not be fooled into
     5        thinking, as they would do, that that is something that has
     6        been a product that has been used and returned to the
     7        factory -- and that is how the public understand recycling
     8         --  because their role in this is to put it into some kind
     9        of separation system where it will be returned to be
    10        recycled i.e. the cycle has been completed.
    11
    12        The very word 'recycled' implies a completed loop from
    13        production to consumption, not just ploughing back in waste
    14        or cut-offs, or something else, in the production process
    15        at any stage, which you would expect any company to do if
    16        they could anyway because it is often commercially sensible
    17        to do so.  But what is not necessarily commercially
    18        sensible to do, is to do what is environmentally the best
    19        thing, which is to try and get the material back from the
    20        customers and recycle it.
    21
    22        The point is, it is a hard fact of life for a multinational
    23        corporation to by and large get their own way through the
    24        world, that some things are not commercially beneficial,
    25        but they have an obligation to do so.  Especially when they
    26        try and claim the moral high ground to say how
    27        environmentally aware they are.  So I think there is an
    28        implication here that McDonald's is choosing to take the
    29        moral high ground and make all kinds of claims, and that
    30        people should look at the reality.
    31
    32   MR JUSTICE BELL:  Well, I understand that point very well.  That
    33        you should say that the normal reader would think of
    34        recycled paper as paper which has got to the end of its
    35        normal useful life unless it is fed back into the
    36        manufacturing stream.  I understand that.
    37
    38   MR. MORRIS:   Yes, I think the way the public see this is that
    39        instead of it being scrunched up and thrown in the bin
    40        there is some kind of system for recycling it back.
    41
    42   MR. JUSTICE BELL:  I understand the point.
    43
    44   MR. MORRIS:   That is the image people have.
    45
    46   MR. JUSTICE BELL:   It is potentially important.
    47
    48   MR. MORRIS:   Yes.
    49
    50   MR. JUSTICE BELL:   But there is a clear allegation of conscious
    51        deception there, is there not?   You need not be afraid of
    52        it.  You may establish that it is justified.  Is there not
    53        a clear-----?
    54
    55   MR. MORRIS:   I don't think it is not saying they are lying, it
    56        is just saying, all right, conscious deception, yes.
    57        Conscious deception.  It is not lies, it is not saying they
    58        have told something that is untrue and they know it to be
    59        untrue, which McDonald's, we say, have to prove about their
    60        claims against us.  It is saying, really, that they are

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