Day 036 - 13 Oct 94 - Page 63
1 do, give it some thought with a view to giving the best
2 information you can by the end of next week as to which
3 advertising witnesses you are going to call and in which
4 order.
5
6 MR. MORRIS: I can only recall two of them in any event.
7
8 MR. JUSTICE BELL: I am not asking you to say now but before
9 the end of next week, the sooner the better.
10
11 MS. STEEL: We will contact them and find out when they are
12 available.
13
14 MR. JUSTICE BELL: Listen to what I have to say and please
15 accept it as an attempt to help you.
16
17 I am raising it now because I want to help you to prepare
18 yourselves for the Plaintiffs' application to amend their
19 Statement of Claim on the aspects of nutrition and rearing
20 and slaughter of animals but, particularly, on the aspect
21 of nutrition. So you can seek advice from anyone who is
22 able to help you, if you choose.
23
24 I have not prejudged the matter and I am only speaking now
25 in an attempt to help you.
26
27 The existing Statement of Claim, if you look at page 13 of
28 the proposed amended Statement of Claim, paragraph F,
29 includes the words: "The contents of an average
30 McDonald's meal are linked with cancers of the breast and
31 bowel and heart disease." The proposed amendment
32 includes the words, "sell meals which cause cancer of the
33 breast and bowel and heart disease in their customers".
34
35 It would be unsafe of you to assume that it is obvious
36 that the Plaintiffs are changing their ground because they
37 wish to amend their pleading to include the words which
38 I have just quoted.
39
40 I am aware that the leaflet includes the words, "A diet
41 high-in-fat, sugar, animal products and salt (sodium) and
42 low-in-fibre, vitamins and minerals" -- I stress the word
43 "diet" -- "which describes an average McDonald's meal" --
44 I stress the word "meal" -- "is linked with" -- and
45 I stress the words "linked with" -- "cancers of the breast
46 and bowel and heart disease".
47
48 But I anticipate, without in any way knowing, that
49 Mr. Rampton may argue that in the context of this leaflet
50 as a whole, which includes the headings "McCancer",
51 "McDisease", and "McDeadly", and the words in the
52 cartoon, "If the slaughterhouse does not get you, the junk
53 food will", as well as the actual text, part of which
54 I have referred, "linked with" means "causes" or at least
55 "plays a causative role"; some form of words such as
56 that.
57
58 You have served a statement of Dr. Barnard and you have
59 called Dr. Barnard on the role of dietary fat, saturated
60 fat, and animal fat in the causation of cancer, and I have
