Day 042 - 31 Oct 94 - Page 34
1 an actual quote in their guidelines directly about exactly
2 what has happened there, could you conceive of a more
3 confusing noise -- could you conceive of something that
4 could be more confusing than that, in terms of noise and
5 racing cars and their real-life counterpart?
6 A. For me, I would have to refer you to the ITC. It is
7 their rulings, their regulations, and they approved the
8 commercial. They believe that it is not confusing.
9
10 Q. They said it was not confusing, did they not, because it
11 was children's voices?
12 A. Excuse me?
13
14 Q. You told them, presumably, it was children's voices?
15 A. Told who?
16
17 Q. The ITC.
18 A. Of course we did. You can tell it is children's
19 voices. They actually receive the final commercial, as
20 well, before it goes out. They have the final----
21
22 MR. MORRIS: Would you say that that could be known as-----
23
24 MR. RAMPTON: Perhaps Mr. Morris would allow the witness to
25 finish his answers, before he goes on?
26
27 MR. JUSTICE BELL: Yes. Let him finish.
28
29 MR. MORRIS: Would you say that was what could be termed "a
30 loophole" in the guidelines?
31 A. No, I would not.
32
33 MR. RAMPTON: If Mr. Morris had listened to the answer, he would
34 know that the complete answer was that the ITC had seen the
35 whole advertisement before it went out.
36
37 MR. MORRIS: We know they saw the advertisement. They see every
38 advertisement, presumably. Do they see every
39 advertisement?
40 A. Yes.
41
42 MR. MORRIS: Yes. Of course they do.
43
44 MR. JUSTICE BELL: Yes.
45
46 MS. STEEL: On that advertisement, as well, there were four
47 cars, were there not? Was that the same thing: a
48 different car each week?
49 A. Yes, it was.
50
51 Q. If we can carry on.
52
53 (The next advertisement was shown)
54
55 MR. JUSTICE BELL: Is that a stereotyped burger?
56
57 THE WITNESS: Yes, it is.
58
59 MS. STEEL: That is a meal there?
60 A. Yes, it is.
