Day 032 - 06 Oct 94 - Page 49
1 bothered to walk into their outlet in the first place,
2 does it not, and "even more nutritious" carries for me the
3 assumption that "our food is nutritious and we are making
4 it even more so". So, I would treat that as an averment
5 that the food has been nutritious hitherto.
6 A. I would agree that that would be the intention they
7 are trying to put over.
8
9 MR. MORRIS: Yes. If we turn over the page: "What's best for
10 you?" "Every time you eat at McDonald's you will be
11 eating good, nutritious food". What does that mean to
12 you?
13 A. Apart from the ambiguity about "will", does that mean
14 will in the future or every time you eat -----
15
16 MR. JUSTICE BELL: No, I take that as present they are stating
17 "our food is good and nutritious"?
18 A. In which case I would beg to differ in some counts.
19
20 Q. That is what they are stating, I am saying.
21 A. Yes.
22
23 MR. MORRIS: Would you say that was an irresponsible statement
24 for a company that claims to be ----
25
26 MR. RAMPTON: My Lord, I have sat here, I know they are
27 litigants in person, but there comes a point where
28 evidence becomes completely worthless if not Mr. Morris
29 makes speeches. It really is pointless.
30
31 MR. MORRIS: It is not a speech, it is referring -----
32
33 MR. RAMPTON: I know they do not know what leading questions
34 are, but really!
35
36 MR. JUSTICE BELL: The point is with a leading question, it is
37 this (and it is in your own interests, in fact) that if
38 you start jumping up and down waving flags at the witness
39 as to which direction he is to go in next -- I am not
40 suggesting that Dr. Lobstein will do other than give his
41 own independent view -- it tends to detract from the
42 evidence; you might just as well hold up a placard with
43 "yes" or "no" on it as you ask your question, do you
44 see? It detracts from the weight to be attached to the
45 answer.
46
47 So, if you wanted to ask: "In your view, is it good
48 nutritious food?" -- whether or not, it would advance the
49 matter or not, I am not commenting -- that would be the
50 way to deal with it.
51
52 MR. MORRIS: Yes.
53
54 MS. STEEL: What do you think is implied by "every time you
55 eat at McDonald's"?
56 A. Well, it is -- clearly they are implying anything you
57 select off their menu would supply good and nutritious
58 food.
59
60 Q. Do you think that would be true?
