Day 039 - 20 Oct 94 - Page 32


     
     1        whether you are advancing your case if children up to 15
     2        weeks or so are not actually -----
     3
     4   MR. MORRIS:  One reason I focused on this is because you
     5        indicated that it was something which -----
     6
     7   MR. JUSTICE BELL:  All I wanted to do was enumerate the
     8        references I have got to direct human evidence so you can
     9        take them up if you want, but also as a springboard for
    10        Dr. Millstone saying:  "Yes, and in addition to that I have
    11        this direct human evidence".
    12
    13   MS. STEEL:   I think this is direct human evidence, and I think
    14        the fact that this particular study is relating to infants
    15        does not mean that it might not also apply to people of an
    16        older age group.
    17
    18   MR. JUSTICE BELL:  Why not put that directly to this witness and
    19        see what he says?
    20
    21   MR. MORRIS (To the witness):  Dr. Millstone, what is the
    22        significance of the conclusions of this study for this
    23        case?
    24
    25   MR. JUSTICE BELL:  Let me put the matter which has just been
    26        raised.  Can we use this study in any way to guide us as to
    27        the toxicity of BHA or BHT in respect of people of an age
    28        who might be eating in McDonald's?
    29        A.  The answer I have to give to that is that I cannot be
    30        certain.  There is a possibility that it would be foolish
    31        for me to rule out that people of an age eating in a fast
    32        food restaurant would have a more robust haemoglobin system
    33        than young infants.
    34
    35        I observe myself in respect of nitrites and nitrates that
    36        the oxygen carrying capacity of young infants was
    37        particularly vulnerable.  Now, I have no evidence one way
    38        or the other as to whether this effect found from BHA in
    39        the soya bean feed of these young children, soya bean oil
    40        incorporated in the food of these young children, whether
    41        it would have a similar effect on older people or not.
    42        I am entirely ignorant on that matter.
    43
    44   MR. MORRIS:  This comes into your general thesis that when there
    45        is an area of doubt, the benefit of doubt should be given
    46        to the consumers rather than the industry?
    47        A.  Yes.  By that I mean this is ground for further
    48        investigation.  I am not aware of such investigations
    49        having taken place.  So, here is a question mark.  But
    50        I must say that it is one amongst several question marks 
    51        and far and away the larger, from my point of view, 
    52        concerns the putative carcinogenicity of BHA. 
    53
    54   MS. STEEL:  On the subject of where you say it is grounds for
    55        further investigation ---
    56        A.  Yes, indeed.
    57
    58   Q.   -- does that mean that until that investigation has taken
    59        place, you think that where a substance is not necessary it
    60        should not be used?

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