Day 124 - 10 May 95 - Page 34
1 aerosol is, a CFC aerosol, CFCs as blowing agents, CFCs in
2 refrigerating equipment and so on, and that the polluting
3 effect can be different in different ways. So, at the
4 moment I am not finding it easy to equate CFCs, the banning
5 of CFC aerosols, whenever that may have happened, with CFC
6 blowing agents for packaging.
7
8 MR. MORRIS: The ban did not apply to packaging but the concern
9 of the US -----
10
11 MR. JUSTICE BELL: But there is still an actual ban on that. We
12 are en route to it under the Montreal Convention.
13
14 MR. MORRIS: Yes, but -- may I just collect my thoughts?
15
16 MR. JUSTICE BELL: Yes.
17
18 MR. MORRIS (To the witness): Do you remember the campaign in
19 America focusing on McDonald's for you to withdraw your
20 styrofoam packaging in the late 1980s?
21 A. I remember that, yes.
22
23 Q. You remember it at the time?
24 A. Yes, I believe it occurred -- actually the action took
25 place on the East Coast, Long Island, New York, I believe.
26
27 Q. We had a witness from that campaign, the researcher behind
28 the campaign, who was a witness for us early on in the
29 case, and as an expert on packaging -----
30
31 MR. RAMPTON: Who said he was an expert on packaging? Sorry, I
32 did not hear that. Mr. Morris said he was an expert on
33 packaging.
34
35 MR. MORRIS: Yes.
36
37 MR. RAMPTON: Again he must not suppose that is common ground;
38 he should not lead the witness to suppose that it is.
39
40 MR. MORRIS: He is our expert on packaging.
41
42 MR. RAMPTON: He was called by Defendants on the issue of
43 packaging. That is as far as I would agree with
44 Mr. Morris.
45
46 MR. MORRIS: Yes. He is our expert on packaging.
47 (To the witness): At that time was the Company annoyed by
48 that campaign?
49 A. Were we annoyed? I think there were a number of people
50 annoyed by that. We felt that our clamshell packaging was
51 a superior vehicle for our products, that it was the best
52 in the industry. So it was, you know, somewhat disturbing
53 that there was a view that styrofoam packaging -- that
54 people did support the use of styrofoam packaging.
55
56 Q. In fact, some authorities were considering or passing bans
57 on styrofoam at the time, were they not?
58 A. When you say "authorities", who do you mean?
59
60 Q. I mean local -- I cannot remember now it was given in
