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

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