Day 042 - 31 Oct 94 - Page 41
1 in fat, etcetera; linked to heart disease, cancer etcetera;
2 and then contains many additives.
3
4 So there are a number of aspects in which you have said
5 that what is in the leaflet is justified. What I would
6 encourage you to do is, with respect to Mr. Rampton, not
7 concentrate just on pulling children into McDonald's where,
8 as it happens, they will eat unhealthy food, but on matters
9 which go to any one or more of those allegations which are
10 set out in tab 4.
11
12 The extent to which you need to cross-examine the witness
13 is up to you. If, for instance, you have something to put
14 to Mr. Hawkes, to challenge his evidence that 31 per cent
15 of the budget, going down to whatever the lower percentage
16 was, are not correct for some reason, then obviously you
17 should put it to him, if you are asking him to say that
18 most advertising is directed at children. If you wanted to
19 put something to Mr. Hawkes about what I have called the
20 "normality trap", do so. You have your own witness to say
21 something about that.
22
23 I think Mr. Rampton's point, really, is that it is not an
24 alleged criticism of McDonald's simpliciter that they use
25 advertising to draw in custom. Mr. Morris, in opening, had
26 an aside to the effect that not everyone agrees with
27 advertising anyway, but my recollection is that he went on
28 to say that he could not really say that was a fair part of
29 the case -- I forget what words he used -- it was not an
30 attack on advertising, just generally in commerce in this
31 modern, developed world; it was more specific.
32
33 So all I would urge you do is concentrate on the matters
34 which go to your specific allegations. What the leaflet
35 means, whether it means what the Plaintiffs have alleged it
36 means, is a matter of argument; it is not a matter of
37 evidence.
38
39 MS. STEEL: The only reason we brought this up was just because
40 we thought that maybe in the light of what Mr. Rampton had
41 said this morning, they might not be wanting to proceed
42 with all the letters, all the paragraphs, in the Statement
43 of Claim.
44
45 MR. RAMPTON: No, my Lord. That of course is not right but, as
46 I think said when I opened this case -- I hope I did,
47 I have not looked it up -- there may be a discreet separate
48 issue whether or not the quality of McDonald's advertising
49 to children is open to criticism in one way or another.
50 True it is, it does not tell the children what the rates of
51 pay are for the workers in the restaurants, and matters of
52 that kind. More seriously, of course, if a serious
53 criticism could be made to the effect that whatever it was
54 that McDonald's were selling, nevertheless, their
55 advertising was deceptive overall, why then, that would be
56 a proper criticism to make; of course, I accept that.
57 I did not read the Defence as saying that. I read the
58 Defence as saying that it traps children, or seduces or
59 persuades children, into eating food which is bad for them.
60
