Day 016 - 22 Jul 94 - Page 59


     
     1
         MS. STEEL:  Concern about the use of food additives which are
     2        not strictly necessary.
 
     3   MR. MORRIS:  My understanding is that MSG is put in as a
              flavour enhancer and, basically, there is absolutely no
     4        need for it to be used at all.  Now that is not
              necessarily our position, but that is my personal -- my
     5        personal preference in my food is that I avoid MSG like
              the plague, because the food should taste good because it
     6        tastes good.
 
     7        Our general case is that if McDonald's is using force
              three additives throughout its food range, largely they
     8        may be for trivial purposes, some may be for useful
              purposes, fair enough, but in trivial cases, such as
     9        colour which we generally criticise, if there is any doubt
              about their harmfulness or harmlessness, then the benefit
    10        of doubt should be given to the consumer.
 
    11   MR. RAMPTON:  My Lord, I am sorry, I know it is discourteous,
              I know your Lordship does not like it.  This is a long
    12        trial.  These are busy witnesses.  I know now that
              Professor Wheelock would find it difficult to come back on
    13        Monday.  The defendants' case in relation to additives is
              summarised on pages 13 and 14 of tab 3 of the abstract of
    14        pleadings.
 
    15        I really do implore your Lordship to make the defendants
              adhere to their pleaded case.  We are now wandering into
    16        territory where members of the public are concerned
              whether or not there should be large or small amounts, or
    17        whether it is trivial or not.  My Lord, it has nothing to
              do with the case whatsoever.  "Particularly noxious or
    18        damaging qualities are attributed by this pleading".  That
              is subparagraph 5 on page 13 going through to the end of
    19        page 14, to each and every one of these additives.  Not a
              single one of those supposed characteristics has been put
    20        to this witness.  Take monosodium glutamate.
 
    21   THE WITNESS:  Where are we?
 
    22   MR. RAMPTON:  You have not got this document.  I will read it
              out.  Page 40, 6.2.1 which is not an E number.  Monosodium
    23        glutamate: "It is said by the defendants", this is the
              beginning and the end of their case.
    24
         MS. STEEL:   Can I interrupt here?
    25
         MR. JUSTICE BELL:  You just wait. 
    26 
         MR. RAMPTON:  This is a formal objection. 
    27
         MR. JUSTICE BELL:  Please sit down.  You will have your turn in
    28        a moment.
 
    29   MS. STEEL:  I want to make something clear:  We have said
              before that we when pleaded our case we had difficulties
    30        with it; it was agreed that our case could be based upon
              what is in the witness statements, not just on what is in

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