Day 046 - 04 Nov 94 - Page 47
1 Q. Yes. Are these regulations which would affect all
2 advertising of foods as healthy?
3 A. Yes, it would.
4
5 Q. Right.
6 A. At least, from a layman's term, I think it would.
7
8 Q. Yes. So it would affect your department, or it has done
9 since last May, has it? Presumably, we are talking about
10 this year. Has it affected your department since this
11 year?
12 A. I think it says: "Products" -- again, I do not think it
13 is affecting me, but it says: "Products already carrying
14 the term have until Jan. 1, 1996, to comply"; and then it
15 says that the rules became effective on May 8th 1994; and
16 that they roll out in some system until 1997.
17
18 Q. Right. It is about labelling, but not only about
19 labelling; it is about advertising, as well. In the second
20 column, it has about labelling and food advertising.
21 Sorry. The second column, under "FTC Models Advertising
22 Policy".
23
24 MR. JUSTICE BELL: Yes. Then it says: "....food advertising
25 will now be held to the same standards as food labelling."
26
27 MR. MORRIS: (To the witness) Is that something you are aware
28 of?
29 A. I certainly would be aware of it, if we were to use
30 words that were covered under these regulations in the
31 future.
32
33 MR. MORRIS: So if under the FDA definition of "healthy", at
34 the top left-hand column, it would be a fact, would it not,
35 that you would not be able to describe any of your products
36 that were high in fat and saturated fats----
37
38 MR. JUSTICE BELL: From next Thursday onwards.
39
40 MR. MORRIS: From next Thursday onwards, is it? So, basically,
41 it affects your food; yes?
42
43 MR. JUSTICE BELL: Sorry. It is from----
44
45 THE WITNESS: It is a year from next Thursday.
46
47 MR. JUSTICE BELL: 53 weeks' time?
48 A. That is correct. Again, I am not aware of what the
49 specifics are, but it would seem, from reading this, that
50 you would have to comply with certain regulations to use
51 the word "healthy". As to how they would apply it to any
52 individual menu item, I would have to get advice as to what
53 is what.
54
55 MR. MORRIS: Right. The FDA is not a wild, irresponsible body,
56 is it?
57 A. No. The FDA is a member of government regulations.
58
59 Q. They do not bring in new regulations which will affect the
60 entire food industry without a lot of soul searching, care,
