Day 057 - 29 Nov 94 - Page 38


     
     1        opinion whether authoritative and bodies set up for that
     2        purpose consider that such advertising is deceptive.
     3        I think this is the case.  This is the German Children's
     4        Protection Association which, I assume, is similar to the
     5        RSPCC.
     6
     7   MR. JUSTICE BELL:  Do you know that?
     8
     9   MR. MORRIS:  I do not know.  I said "I assume", and that they
    10        consider the use of ronald mcdonald in kindergartens, it
    11        appears, as to be a series of advertising campaigns.
    12        I think that this goes to the heart of what we are saying
    13        about McDonald's advertising to children.  So, I think it
    14        must be relevant.  I am sure McDonald's, if they have the
    15        material, would be happy to disclose it.
    16
    17   MR. JUSTICE BELL:  I am afraid I cannot see that it will help
    18        me.  If you manage to find a copy yourself -- if they are
    19        the equivalent of the NSPCC in Germany there should be no
    20        difficulty about that or the equivalent of the ASA with
    21        regard to this -- you can put it in front of me and I will
    22        consider it.
    23
    24        But I have to form my view on the basis of the information
    25        about advertisements and advertising which has been put in
    26        front of me.  It would quite wrong for me to say that
    27        because an association (of which I know nothing) has
    28        disapproved of it, therefore, I should disapprove.
    29
    30        What about the Denmark toys advert?
    31
    32   MR. MORRIS:  The Denmark toys advert dispute, we showed a
    33        Reuters report.  This is page 48 -- it may be 45 -- line
    34        27, yes, Denmark.  This was where my dignity slipped for a
    35        fraction of a second.  We contend that the Plaintiffs must
    36        have, if that event happened which we consider to be
    37        obvious, then the Plaintiffs must have that document in
    38        their possession. I think that it is not fair to expect us
    39        to seek a document which McDonald's have in their
    40        possession in other countries, and that McDonald's should
    41        disclose that document which again is highly relevant to
    42        authoritative bodies taking a position on McDonald's use of
    43        toys in advertising.
    44
    45   MR. JUSTICE BELL:  Have you got the telex there with you again
    46        still, because I cannot remember the contents of it.
    47        I just want to read it through.
    48
    49   MR. MORRIS:  I cannot remember where it would have been put.
    50 
    51   MR. JUSTICE BELL:  Apart from anything else, you have to face 
    52        this:  You say if McDonald's have it in their custody, but 
    53        the amount of time and money it will cost them to find out
    54        whether they have is unlikely to be less, and may be very
    55        much more, than you doing what I suggested at page 48 line
    56        17.  These are documents which are not McDonald's
    57        documents.  If they exist at all, they are in the public
    58        domaine.  What you are saying is that McDonald's should go
    59        and see if they have got them rather than you seeing if you
    60        can get hold of them.  Why should that be so?

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