Day 037 - 14 Oct 94 - Page 55


     
     1        I cross-examine a witness is entirely a matter for me.
     2
     3   MR. JUSTICE BELL:  Yes.
     4
     5   MR. RAMPTON:  I do not intend to cross-examine this witness
     6        about the vast majority of what he said in the witness
     7        box.  The reason for that is this, that it depends upon
     8        the major premise that the food sold by McDonald's is (a)
     9        in itself unhealthy and (b) apt to promote an unhealthy
    10        diet in its customers.
    11
    12        My Lord, that depends, that major premise, not on the
    13        evidence of this witness in any sense at all, but upon the
    14        evidence of other witnesses and upon your Lordship's
    15        judgment in those matters.  So, if your Lordship will
    16        forgive me, I will not take issue with some of the
    17        rhetoric which we have heard from this witness on that
    18        aspect.
    19
    20   MR. JUSTICE BELL:  Just as I said to Mr. Morris and Ms. Steel,
    21        it will not be assumed that if they did not expressly
    22        challenge something it is in any way accepted or
    23        admitted.  The same applies to you, quite apart from the
    24        specific point you have made.  But I say that in their
    25        presence so they know that is the view I am adopting.
    26
    27   MR. RAMPTON:  Yes.  I put it bluntly the question whether or
    28        not McDonald's promotional material is apt to mislead its
    29        customers to the detriment of their health, is a matter
    30        for your Lordship in the end, not for this witness, on the
    31        basis of the literature which your Lordship has in court
    32        and of the evidence of the expert scientific witnesses.
    33
    34        That said, Mr. Cox, your agenda for your evidence in this
    35        case has appeared to me (and you will correct me if I am
    36        wrong) to have been this, that it is important that people
    37        who place material before the public which purports to
    38        inform them about what is good or not good for their
    39        health should not be deceptive or misleading; is that
    40        right?
    41        A.  My "agenda"?  Could you explain what you mean by that,
    42        please?
    43
    44   Q.   I summarise your evidence as saying this, that it is wrong
    45        for people who put material before the public which is
    46        designed to help them make decisions about their health
    47        and nutrition, it is important that such people do not
    48        deceive or mislead the public?
    49        A.  I do not think you quite understood what I have been
    50        saying. 
    51 
    52   Q.   I thought you had characterised McDonald's advertisements 
    53        and promotional material as deceptive, unethical and
    54        misleading?
    55        A.  Yes, much of it deceptive.  I would certainly say
    56        their marketing strategy is unethical.  There are examples
    57        of misleading advertising, that is true.
    58
    59   Q.   Do you agree that somebody who promotes themselves as a
    60        purveyor of information about nutrition to the public

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