Day 186 - 10 Nov 95 - Page 43


     
     1        case sets as a precedent that it is only basically
     2        instantaneous ill-health or death being attributed to
     3        products that is defamatory, because there are several
     4        references within this case to the baker's products causing
     5        injury to health, more work for the surgeon, etcetera,
     6        etcetera, poisonous, and what-have-you, and all of those
     7        were felt to be not defamatory.  The only distinction that
     8        was made was with something instantly causing death.
     9
    10        Just also in relation to this case, I think Mr. Rampton
    11        said something about the high sugar and sodium content,
    12        although that may have come in somewhere else, I am not
    13        sure.  I just wanted to say that in the section about the
    14        high sugar and sodium content, there is no statement that
    15        it is the intent of the Plaintiffs or even an allegation of
    16        recklessness that there is a high sodium and sugar content,
    17        just a mere statement of fact that those products are high
    18        in sodium and sugar.
    19
    20        They may be making a profit from these products, which
    21        Mr. Rampton implied meant that it must be deliberate or
    22        must be reckless or something, but I would just say that
    23        so, no doubt, was the baker who was selling his bread.
    24        Profits are the effect in the leaflet, not, as Mr. Rampton
    25        seems to say, it is stated that they are the cause of those
    26        things.  The leaflet does not say that.
    27
    28        I have a note here that you said something about an
    29        allegation of selling foods made purposely high in sodium
    30        with the aim of people getting addicted, and that
    31        Mr. Rampton disagreed with that.  I have just got a note
    32        that ---
    33
    34   MR. JUSTICE BELL:  Yes.
    35
    36   MS. STEEL:  -- I disagreed with him as well.
    37
    38   MR. JUSTICE BELL:  What he said, he was not suggesting that the
    39        leaflet meant that McDonald's made their food high in sugar
    40        and sodium with a view to people developing an addiction
    41        for it and thereby increasing their profits.
    42
    43   MS. STEEL:   Right.
    44
    45   MR. MORRIS:  We are dotting about here, but I hope the court
    46        bears with us.
    47
    48   MR. JUSTICE BELL:  What else have you got to cover now?
    49
    50   MR. MORRIS:  It is mainly just responding to what Mr. Rampton 
    51        said and a couple of references to the authorities.  We 
    52        will definitely be finished by today.  I do not know how 
    53        long Mr. Rampton needs to responds?
    54
    55   MR. JUSTICE BELL:  What I suggest I do, let me rise now until
    56        3 o'clock.  Sit down and make some kind of note of what you
    57        have to go through still, so that you can -- I would rather
    58        do that.  I am not concerned that you should pause to find
    59        where to go next.  I understand that you may have to do
    60        that, but if we have the break now -----

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