Day 242 - 29 Apr 96 - Page 35


     
     1        connection, albeit causal between a diet that is high in
     2        fat and heart disease, and saying that there is actually
     3        the very real risk of getting it.  They are not the same
     4        thing.
     5
     6   MS. STEEL:   But "very real risk" has to come within a causal
     7        link because otherwise it is a greater meaning and
     8        therefore it must be admitted.
     9
    10   MR. JUSTICE BELL:  No, it has not been admitted.
    11
    12   MS. STEEL:  I cannot understand how, if it comes within this
    13         ----
    14
    15   MR. JUSTICE BELL: I am sorry, I cannot help you any further by
    16        trying to explain it.  It has not been admitted or I do not
    17        understand it has been admitted.  We have had a similar
    18        conversation like this before and I warned you then, trying
    19        to help you, that you must not assume that it has been
    20        admitted and you certainly must not now.
    21
    22        It is at issue in my mind as to whether if eating
    23        McDonald's food may very well make your diet high in fat,
    24        sugar et cetera, even if that is so, whether eating
    25        McDonald's food leads to a very real risk of heart disease
    26        and I cannot say it more often.
    27
    28   MR. MORRIS:  If I can just say that if someone has a high fat
    29        diet, and they eat a significant amount of McDonald's food
    30        that pushes them over into a high fat diet or whatever, and
    31        the Plaintiffs have admitted that diet and heart disease
    32        are causally connected, it is not clear to me what we have
    33        to show, because the Plaintiffs did say there was an issue
    34        removed from the case and I understand you are saying:
    35         "Well, there is still an issue about what the risk
    36        involved is with having a high fat diet".
    37
    38        If 180,000 people a year die of heart disease of which a
    39        substantial amount is due to dietary reasons, then we are
    40        not talking about 10 or 15 people, we are talking about
    41        millions
    42
    43   MR. JUSTICE BELL:  That is your argument, but it is not
    44        admitted.  You may increase the risk.  Let us suppose you
    45        establish that you increase the risk of heart disease by
    46        having a diet high in fat, the question still at large is
    47        whether it is a very real risk, because if you increase it
    48        from a 1 in 10 million chance to a 2 in 10 million chance,
    49        it may still be a very far short of a very real risk.  I am
    50        not suggesting those figures apply to the issue in this 
    51        case, I merely say that to try and demonstrate what is 
    52        still at large in my mind. 
    53
    54        Let us suppose that it is admitted that a diet high in fat
    55        is causally associated with heart disease, let us suppose
    56        you show on the evidence that if you eat McDonald's
    57        hamburgers you will make your diet high in fat, let us
    58        suppose that you establish that it therefore increases the
    59        risk, let us suppose that is how the argument goes and it
    60        is acceptable, it increases the risk of heart disease.

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