Day 186 - 10 Nov 95 - Page 19


     
     1        Sorry, I took a long time to get to it, but I felt the
     2        context -----
     3
     4   MR. JUSTICE BELL:  I understand that point.
     5
     6   MR. MORRIS:  Now, the section stands on its own, and I do not
     7        think that the headings or the cartoon have any effect
     8        whatsoever on the quite clear message of the text.  The
     9        first thing is that it is critical of their nutrition
    10        guide; not that it says that anything in the nutrition
    11        guide is untrue or a lie, or anything like that; it just
    12        says their nutrition guide talks about "mass produced
    13        hamburgers, chips colas, milkshakes", and it is claimed
    14        that "they are a useful and nutritious part of any diet".
    15        So here we have "diet" straightaway.  The only point I am
    16        referring to McDonald's in that paragraph is talk about
    17        "diet" and says what they do not make clear, what they
    18        leave out of their nutrition guide is the links between
    19        diet and degenerative diseases or ill health, and those
    20        links are accepted medical facts.
    21
    22        So the entire first two paragraphs are about diet and the
    23        links between diet and disease.  McDonald's is only used as
    24        a kind of reference point or something.  But, really, that
    25        is critical of their nutrition guide and of links between
    26        diet and disease.
    27
    28        In fact, by referring to nutrition guides, it really offers
    29        the reader a chance to find out for themselves in any case,
    30        as a specialist publication would do.
    31
    32        The "schoolboy howler" is entirely one made by the
    33        Plaintiffs in this case, in confusing diet and food,
    34        specific food products.  They have not made that schoolboy
    35        howler because they are unaware of or ignorant of these
    36        issues; it is because of course it suits them in this case,
    37        legally.
    38
    39        The next sentence talks about processed burgers and
    40        synthetic chips, in general, junk food.  So we are talking,
    41        again, about a type of product and a type of food being
    42        junk food, which McDonald's prefer to call fast food.
    43
    44        The next paragraph, effectively, the key part of that
    45        paragraph is in the middle:  "This sort of fake food
    46        encourages over-eating."  That is really the key to that
    47        paragraph.  It is critical of a type of food and
    48        over-eating.
    49
    50        Just on the subject of the headings, the "McCancer" is not 
    51        over the top of that particular section; it may or may not 
    52        relate to that section.  I agree exactly with what Helen 
    53        said about the headings being satirical in using the
    54        McDonald's symbol and -----
    55
    56   MR. JUSTICE BELL:  Does "cancer" appear anywhere else apart from
    57        in the food section?  It is not in the -----
    58
    59   MR. MORRIS:  The word "cancer" does not appear anywhere else,
    60        although it is clear from the text that it could relate

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