Day 299 - 13 Nov 96 - Page 42


     
     1        Golden Arches code.
     2
     3   MS. STEEL:   Mr. Morris did actually say, when he was asking
     4        this question, "with the exception of going to your lawyers
     5        to get advice", so -----
     6
     7   MR. JUSTICE BELL:   Yes.  Very well.
     8
     9   MS. STEEL:   He agreed, on day 48, page 32, line 6, with what
    10        was stated in the new ITC Code recommendations, that
    11        companies should not do anything misleading or untoward to
    12        positively act against a balanced diet and, therefore, the
    13        Health of the Nation.  But, whilst he is agreeing that that
    14        is a good idea, the company is certainly not implementing
    15        it, because it is still promoting its food as nutritious
    16        and a useful part of the diet -- any diet.
    17
    18        Again, on day 48, page 49, line 58, he said that a typical
    19        meal that McDonald's would promote would be a burger or
    20        chicken, along with fries and a soft drink.
    21
    22   MR. MORRIS:   Can I just say a few bits and pieces that cropped
    23        up as I was listening there?  Just that very last point
    24        about "a useful and nutritious part of any diet" -- that is
    25        a direct quote from the fact sheet, as well -- I am not
    26        sure if we flagged up the word "any".  I know the nutrition
    27        meaning has been settled now, but the criticisms that are
    28        made are in contrast with McDonald's portraying their food
    29        as a useful and nutritious part of any diet; i.e., if you
    30        have got a poor diet, the implication is, if you eat
    31        McDonald's food, it will be a beneficial part of that diet,
    32        rather than another negative factor.
    33
    34        In no particular order, I think the cross-over time is
    35        clearly targeting children in advertising.  The point has
    36        been made.  But the point is, they are targeting children
    37        and they are targeting adults, and they are targeting them
    38        together; and there is a purpose for doing it together,
    39        obviously.  But I think actual adults' advertising which
    40        the children do not see is a very small part of McDonald's
    41        advertising.
    42
    43        The other thing about that I wanted to mention was the last
    44        paragraph in Paul Preston's statement of 24th May 1994.
    45        (Pause)  Actually, Ms. Steel is going to come back to
    46        that.  I thought it had been dealt with, but she will come
    47        back to that.  I will leave that one.
    48
    49        As well as the restrictions on manipulating children's
    50        emotions that exist in the ITC Code -- which we would say
    51        is a recognition of this being a bad thing, that,
    52        obviously, they do not want to limit the commercial
    53        interests and their wish to advertise their products
    54        effectively; so the ITC Code is basically ineffective in
    55        protecting the public, and protecting children in
    56        particular, but it is a recognition that there is something
    57        unethical about manipulating children's emotions.  Also,
    58        there are restrictions on the use of toys.  For example,
    59        the size of the toy has to be clear; the natural sound of
    60        the toy, of a full-sized version of a particular toy, is

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