Day 046 - 04 Nov 94 - Page 47


     
     1   Q.   Yes.  Are these regulations which would affect all
     2        advertising of foods as healthy?
     3        A.  Yes, it would.
     4
     5   Q.   Right.
     6        A.  At least, from a layman's term, I think it would.
     7
     8   Q.   Yes.  So it would affect your department, or it has done
     9        since last May, has it?  Presumably, we are talking about
    10        this year.  Has it affected your department since this
    11        year?
    12        A.  I think it says: "Products" -- again, I do not think it
    13        is affecting me, but it says:  "Products already carrying
    14        the term have until Jan. 1, 1996, to comply"; and then it
    15        says that the rules became effective on May 8th 1994; and
    16        that they roll out in some system until 1997.
    17
    18   Q.   Right.  It is about labelling, but not only about
    19        labelling; it is about advertising, as well.  In the second
    20        column, it has about labelling and food advertising.
    21        Sorry.  The second column, under "FTC Models Advertising
    22        Policy".
    23
    24   MR. JUSTICE BELL:  Yes.  Then it says:  "....food advertising
    25        will now be held to the same standards as food labelling."
    26
    27   MR. MORRIS:  (To the witness) Is that something you are aware
    28        of?
    29        A.  I certainly would be aware of it, if we were to use
    30        words that were covered under these regulations in the
    31        future.
    32
    33   MR. MORRIS:   So if under the FDA definition of "healthy", at
    34        the top left-hand column, it would be a fact, would it not,
    35        that you would not be able to describe any of your products
    36        that were high in fat and saturated fats----
    37
    38   MR. JUSTICE BELL:  From next Thursday onwards.
    39
    40   MR. MORRIS:  From next Thursday onwards, is it?  So, basically,
    41        it affects your food; yes?
    42
    43   MR. JUSTICE BELL:  Sorry.  It is from----
    44
    45   THE WITNESS:   It is a year from next Thursday.
    46
    47   MR. JUSTICE BELL:  53 weeks' time?
    48        A.  That is correct.  Again, I am not aware of what the
    49        specifics are, but it would seem, from reading this, that
    50        you would have to comply with certain regulations to use 
    51        the word "healthy".  As to how they would apply it to any 
    52        individual menu item, I would have to get advice as to what 
    53        is what.
    54
    55   MR. MORRIS:  Right.  The FDA is not a wild, irresponsible body,
    56        is it?
    57        A.  No.  The FDA is a member of government regulations.
    58
    59   Q.   They do not bring in new regulations which will affect the
    60        entire food industry without a lot of soul searching, care,

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