Day 246 - 09 May 96 - Page 42


     
     1        requires water but I doubt whether it provides any
     2        vitamins.  It may provide salts that your body requires.
     3        We have eggs on our menu at breakfast time.  That provides
     4        certain minerals, vitamins. We have french fry potatoes
     5        which provide others.  There is differences between them
     6        and yes, we have done in the past work to try and lower the
     7        fat content of our products wherever we can keeping in mind
     8        there is a certain taste customers demand, also keeping in
     9        mind what technology allows us to do.
    10
    11   Q.   Right.  So, when you talk in these paragraphs about "your
    12        commitment to healthy balanced diets and reducing levels of
    13        fat in your own products or introducing new products with
    14        less fat content", that is your contribution to producing
    15        more healthy products?  That is your main contribution you
    16        are concentrating on there in promoting a healthier menu,
    17        if you like, for fat reduction?
    18        A.  That married with the provision of information to our
    19        customers allowing them to make informed choices about what
    20        they eat or do not eat on a daily, weekly, monthly,
    21        whatever basis.
    22
    23   Q.   OK?
    24        A.  Always encouraging a balanced lifestyle.
    25
    26   Q.   I will move on from that.
    27
    28   MR. JUSTICE BELL:  If you are moving on to separate topics
    29        covered by the leaflet which we divided up into tabs, for
    30        instance in the abstract to pleadings, I do want you to
    31        think about where you are going with Mr. Preston who was a
    32        witness who was called at the beginning of the trial and,
    33        among other matters, Mr. Rampton got him to speak to the
    34        main features we are concerned with, which I treated as
    35        really a preface to the Plaintiff's case, and you and Ms.
    36        Steel cross-examined putting various things to him which
    37        I was happy to treat as a preface to your case.
    38
    39        Since then, in all the different sections of the case,
    40        apart from publication and counterclaim, we have heard
    41        virtually all the evidence, factual evidence, from
    42        witnesses who have given evidence of fact, expert evidence
    43        from people who purported on one side or the other to be
    44        experts, and I am very anxious not just to treat Mr.
    45        Preston as an additional witness of fact or an additional
    46        expert when it may very well be that he can add little or
    47        nothing factually, or little or nothing from an expert
    48        point of view.
    49
    50   MR. MORRIS:  Yes. 
    51 
    52   MR. JUSTICE BELL:  In so far as you want to put something to do 
    53        with deception about nutrition, which is part of your case
    54        on nutrition, that might fall into a different category.
    55        You dealt with counterclaim substantially yesterday and you
    56        have been back to it this morning, but I am making this
    57        little speech because what I do not want you to do is see
    58        Mr. Preston as an additional factual or expert evidence on
    59        each of these topics, because I do not see him in that
    60        light at all.

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