Day 186 - 10 Nov 95 - Page 51


     
     1        May I, first of all, say something about two meanings which
     2        Ms. Steel proposed, as it were, in substitution for our
     3        meaning F and our meaning H.  As she dictated them, when
     4        I wrote them down, and your Lordship will have a note --
     5        I do not know whether this is intentional or not -- it is
     6        difficult to see how they are anything more really than a
     7        rewrite or a rewording of the literal words in the
     8        leaflet.  That said, they answer nothing really.
     9
    10        They ignore both context and the natural implication of
    11        both passages concerned taken by themselves even out of
    12        context.  Take the first as an example.  She dictated:
    13         "McDonald's portray their food as a useful and nutritious
    14        part of any diet, when the reality is that an average
    15        McDonald's meal is high in fat, sugar, animal products and
    16        so on".  When one looks at the actual leaflet, one sees
    17        that she has ignored the heading:  "What's so unhealthy
    18        about McDonald's food?"  She has ignored the
    19        words: "McDonald's try to show in their nutrition guide",
    20        etcetera, "are a useful and nutritious part of any diet,
    21        what they do not make clear".
    22
    23        Leaving aside all context, the natural and necessary, we
    24        would say, implication of that very little passage on its
    25        own is that McDonald's are deliberately concealing the true
    26        nature in nutritional terms of the food that they sell to
    27        their customers.  They are doing it not simply by not
    28        telling customers of its hazardous character, but by
    29        actually making positive false statements about its
    30        nutritional value.
    31
    32        My Lord, I say that without any reference to the context.
    33        My Lord, can I deal with the question of deception?
    34
    35   MR. MORRIS:  Can I ask where it says that, where it implies
    36        that?
    37
    38   MR. RAMPTON:  Mr. Morris, really, if he is going to
    39        interrupt  -----
    40
    41   MR. JUSTICE BELL:  No, you cannot do that because we have to
    42        follow the form.  Mr. Rampton went first, then you and
    43        Ms. Steel and now Mr. Rampton is replying.
    44
    45   MR. RAMPTON:  I do not mind at all mind being interrupted,
    46        subject to two conditions:  First of all, Mr. Morris stands
    47        up and makes an interjection in the proper manner and,
    48        second, that he listens to what I say.  I said the "natural
    49        implication".  I did not say "the literal words".
    50        I complained about Miss Steel's meaning that it confines 
    51        itself to the literal words used though they are somewhat 
    52        rewritten in the leaflet.  As we know from reading the 
    53        authorities in the House of Lords and below, it is not
    54        permissible to ignore the natural implications of literal
    55        words that are written in a document of this kind.
    56
    57        May I say a word about this general question of deception?
    58        The Defendants, as I understand what they have said today,
    59        contend that this passage merely says:  "Well, McDonald's
    60        nutritional information is factually inaccurate and no more

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