Day 057 - 29 Nov 94 - Page 42
1
2 MR. MORRIS: Yes. It would have been if the Advertising
3 Standards Authority in this country -- presumably, other
4 countries -- makes a ruling against a particular company,
5 then they will write a particular letter to that company
6 which will be unique as a document. It will be a letter
7 which says: "We have ruled X, Y and Z. Please bear that
8 in mind in future advertisements".
9
10 MR. JUSTICE BELL: I think you should make your own efforts
11 first, because what I am very wary of -- it has already
12 been done to a large extent -- where there are documents
13 which are as available to you as to McDonald's, then
14 I think you have to do something towards trying to get them
15 for yourselves. I cannot at the moment see how it can
16 actually help me reach a decision in this case when I have
17 so much direct evidence one way or another on the
18 advertising aspect. Does Sweden fall into the same
19 category?
20
21 MR. MORRIS: Not quite, no, because my understanding is that
22 there is a general ban on characters in Sweden in
23 advertising or with children, I do not know.
24
25 MR. JUSTICE BELL: That is a matter of Swedish law then, is it
26 not?
27
28 MR. MORRIS: Yes, that is slightly different. The point about
29 it was not just advertising, it was kindergartens as well.
30 I do not know at this stage whether there was any specific
31 ruling against ronald mcdonald in kindergartens or whether
32 it is a general ban on the use of characters, not just in
33 advertising, but in kindergartens. So, it is a slightly
34 different category. Obviously, McDonald's will know if
35 their ronald mcdonald character is banned from attending or
36 having displays in kindergartens which is the way
37 I understand it.
38
39 MR. JUSTICE BELL: The question of whether there is a general
40 ban, as you describe it, must be a matter of law, so there
41 is no question of discovery in relation to that. You have
42 not actually suggested or got any evidence of a ruling
43 against McDonald's.
44
45 MR. MORRIS: No.
46
47 MR. JUSTICE BELL: If you had, it might well be that my reaction
48 would be the same as it was with regard to Denmark, but you
49 have not even got that.
50
51 MR. MORRIS: The 1991 UK customer survey; this is the recent
52 survey of customer opinions of why they were less inclined
53 to go more often or more inclined to go less often to
54 McDonald's which was referred to by Mr. Hawkes. I do not
55 have the exact reference but there was some discussion
56 about that.
57
58 MR. JUSTICE BELL: That was the one which came to light because
59 Mr. Preston was reported in the national press referring to
60 it.
