Day 036 - 13 Oct 94 - Page 63


     
     1        do, give it some thought with a view to giving the best
     2        information you can by the end of next week as to which
     3        advertising witnesses you are going to call and in which
     4        order.
     5
     6   MR. MORRIS:  I can only recall two of them in any event.
     7
     8   MR. JUSTICE BELL:  I am not asking you to say now but before
     9        the end of next week, the sooner the better.
    10
    11   MS. STEEL:   We will contact them and find out when they are
    12        available.
    13
    14   MR. JUSTICE BELL:  Listen to what I have to say and please
    15        accept it as an attempt to help you.
    16
    17        I am raising it now because I want to help you to prepare
    18        yourselves for the Plaintiffs' application to amend their
    19        Statement of Claim on the aspects of nutrition and rearing
    20        and slaughter of animals but, particularly, on the aspect
    21        of nutrition.  So you can seek advice from anyone who is
    22        able to help you, if you choose.
    23
    24        I have not prejudged the matter and I am only speaking now
    25        in an attempt to help you.
    26
    27        The existing Statement of Claim, if you look at page 13 of
    28        the proposed amended Statement of Claim, paragraph F,
    29        includes the words:  "The contents of an average
    30        McDonald's meal are linked with cancers of the breast and
    31        bowel and heart disease."   The proposed amendment
    32        includes the words, "sell meals which cause cancer of the
    33        breast and bowel and heart disease in their customers".
    34
    35        It would be unsafe of you to assume that it is obvious
    36        that the Plaintiffs are changing their ground because they
    37        wish to amend their pleading to include the words which
    38        I have just quoted.
    39
    40        I am aware that the leaflet includes the words, "A diet
    41        high-in-fat, sugar, animal products and salt (sodium) and
    42        low-in-fibre, vitamins and minerals" -- I stress the word
    43        "diet" -- "which describes an average McDonald's meal" --
    44        I stress the word "meal" -- "is linked with" -- and
    45        I stress the words "linked with" -- "cancers of the breast
    46        and bowel and heart disease".
    47
    48        But I anticipate, without in any way knowing, that
    49        Mr. Rampton may argue that in the context of this leaflet
    50        as a whole, which includes the headings "McCancer", 
    51        "McDisease", and "McDeadly", and the words in the 
    52        cartoon, "If the slaughterhouse does not get you, the junk 
    53        food will", as well as the actual text, part of which
    54        I have referred, "linked with" means "causes" or at least
    55        "plays a causative role"; some form of words such as
    56        that.
    57
    58        You have served a statement of Dr. Barnard and you have
    59        called Dr. Barnard on the role of dietary fat, saturated
    60        fat, and animal fat in the causation of cancer, and I have

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