Day 038 - 19 Oct 94 - Page 49


     
     1
     2   THE WITNESS:  On the first document at tab 1 is a copy of the
     3        report on food colourings from the Food Additives and
     4        Contaminants Committee report No. 29 published in 1979, and
     5        there on page 33 is one brief paragraph on Sunset Yellow
     6        which states:  "Certain azo dyes, including Sunset Yellow,
     7        have been shown to be associated with hypersensitivity
     8        phenomena" -----
     9
    10   MR. JUSTICE BELL:  Where are you?
    11        A.  Page 33.
    12
    13   Q.   I have that.  But then if you can describe where it is on
    14        the page?
    15        A.  I see.  It is on the right-hand side of the page.  The
    16        second paragraph, is headed:  "(iv) Sunset Yellow".  He is
    17        referring to the Michaelsson study, and it says:  "For
    18        example, Michaelsson", indicating that Michaelsson is not
    19        the only report they have.
    20
    21   MS. STEEL:   I think Michaelsson may be at No. 8.
    22        A.  Not in this set.
    23
    24   MR. JUSTICE BELL:  There is Michaelsson is at 8 in that bundle.
    25        Do you have a copy of that?
    26
    27   MR. MORRIS:  Can we ask for guidance from the court as to what
    28        kind of extent do we in examination-in-chief need to go
    29        into the references once we have referred to them?  Do you
    30        want us to go through them in any depth?  Obviously, the
    31        Plaintiffs if they are not challenging that, it is their
    32        decision really.  I also believe -----
    33
    34   MR. JUSTICE BELL:  I will explain what the difficulty is in my
    35        mind, and I think it is then a matter for you to judge.
    36        The statement in that paragraph on page 9 of
    37        Dr. Millstone's statement says:  "The Department of Health
    38        reviewed Sunset Yellow in 1979.  They acknowledged that
    39        certain azo-dyes, including Sunset Yellow, FCF, have been
    40        shown to be associated with hypersensitive reactions in
    41        man".
    42
    43        Now, as that is there, it can mean almost anything; just to
    44        give an example -- I do not suppose I would be springing
    45        any surprises if I said that I would not see it as much of
    46        a threat to health if what that meant that there had been
    47        three cases identified in the last 50 years.  On the other
    48        hand, if there had been a much larger number, then it might
    49        be significant.  Do you follow?
    50 
    51        I have chosen the three and 50 years as an extreme example. 
    52        So, it is a matter for you to judge, but if the article 
    53        actually does point to a significant number, and that is
    54        why I asked whether there was any comment in the physician
    55        case about similar examples, if the article does point to a
    56        significant number, then you owe it to yourself and your
    57        case to make sure I look at it.
    58
    59        It really is too much of a burden for me to go away and
    60        say:   Ah, Dr. Millstone has read that, so I must read the

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