Day 186 - 10 Nov 95 - Page 43
1 case sets as a precedent that it is only basically
2 instantaneous ill-health or death being attributed to
3 products that is defamatory, because there are several
4 references within this case to the baker's products causing
5 injury to health, more work for the surgeon, etcetera,
6 etcetera, poisonous, and what-have-you, and all of those
7 were felt to be not defamatory. The only distinction that
8 was made was with something instantly causing death.
9
10 Just also in relation to this case, I think Mr. Rampton
11 said something about the high sugar and sodium content,
12 although that may have come in somewhere else, I am not
13 sure. I just wanted to say that in the section about the
14 high sugar and sodium content, there is no statement that
15 it is the intent of the Plaintiffs or even an allegation of
16 recklessness that there is a high sodium and sugar content,
17 just a mere statement of fact that those products are high
18 in sodium and sugar.
19
20 They may be making a profit from these products, which
21 Mr. Rampton implied meant that it must be deliberate or
22 must be reckless or something, but I would just say that
23 so, no doubt, was the baker who was selling his bread.
24 Profits are the effect in the leaflet, not, as Mr. Rampton
25 seems to say, it is stated that they are the cause of those
26 things. The leaflet does not say that.
27
28 I have a note here that you said something about an
29 allegation of selling foods made purposely high in sodium
30 with the aim of people getting addicted, and that
31 Mr. Rampton disagreed with that. I have just got a note
32 that ---
33
34 MR. JUSTICE BELL: Yes.
35
36 MS. STEEL: -- I disagreed with him as well.
37
38 MR. JUSTICE BELL: What he said, he was not suggesting that the
39 leaflet meant that McDonald's made their food high in sugar
40 and sodium with a view to people developing an addiction
41 for it and thereby increasing their profits.
42
43 MS. STEEL: Right.
44
45 MR. MORRIS: We are dotting about here, but I hope the court
46 bears with us.
47
48 MR. JUSTICE BELL: What else have you got to cover now?
49
50 MR. MORRIS: It is mainly just responding to what Mr. Rampton
51 said and a couple of references to the authorities. We
52 will definitely be finished by today. I do not know how
53 long Mr. Rampton needs to responds?
54
55 MR. JUSTICE BELL: What I suggest I do, let me rise now until
56 3 o'clock. Sit down and make some kind of note of what you
57 have to go through still, so that you can -- I would rather
58 do that. I am not concerned that you should pause to find
59 where to go next. I understand that you may have to do
60 that, but if we have the break now -----
