Day 008 - 07 Jul 94 - Page 56


     
     1        packaging is harmful to the environment, so there does not
              need to be any argument on that score.
     2
         MR. JUSTICE BELL:  I think I should hear it.  What at the end
     3        of the day I make of it, I do not know.  You make the
              point that McDonald's have been responding to pressure,
     4        I think it was Mr. Morris in his opening.  It has been
              said at some stage before me that in so far as McDonald's
     5        have their act together, it is only because of things such
              as appear in this leaflet.  So long as that is the
     6        suggestion, I have to hear evidence like this and, at the
              end of the day, may have to say whether that is the reason
     7        or whether McDonald's have always had better notice than
              that.
     8
              I think I should hear it.  You can raise these arguments
     9        at the end of the day.  I am not saying by this ruling
              that this is carte blanche for both sides just to go as
    10        far as they want in any direction.  Whenever either party
              raises an objection like this I will rule on that
    11        objection on its merits as I see it at that time.  But
              I think we should hear this now.  I can decide its
    12        relevance or weight later.
 
    13   MR. RAMPTON:  Your Lordship might have to take a stricter
              view.  I am not suggesting there is any substance whatever
    14        in Miss Steel's intervention, but if this was a Jury case,
              then plainly more care would be required.  As your
    15        Lordship is trying this on your Lordship's own .....
 
    16   MR. JUSTICE BELL:  I have the advantage, although sometimes
              people find it difficult to accept, one does develop a
    17        facility to hear, if anything, more than may be necessary,
              then shedding from one's mind, and certainly from one's
    18        reasoning, that which is not truly material and relevant
              later on.
    19
         MR. RAMPTON:  Maybe your Lordship does that as the evidence is
    20        given in some cases.
 
    21        Mr. Langert, back to page 142, the pink file IV, please.
              Just one more passage:  "McDonald's brown" -- have you
    22        jumped past parenthesisIn the first main paragraph?
              A.  Yes.
    23
         Q.    McDonald's brown 100 per cent recycled carry-out bags
    24        contain 50 per cent post-consumer content", is that right
              at the date?
    25        A.  At that time, yes.
  
    26   Q.   "And 100 per cent recycled napkins that will be used in 
              all restaurants by August 1991 will contain at least 30 
    27        per cent post-consumer recycling content", did that come
              about?
    28        A.  Yes.
 
    29   Q.   "Although McDonald's ability to use post-consumer
              materials in food contact packaging is limited by federal
    30        regulations and health concerns, McDonald's will work with
              its suppliers to incorporate post-consumer content in such

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