Day 296 - 07 Nov 96 - Page 30


     
     1
     2   MS. STEEL:   I want to run through some of the evidence itself
     3        and give specific references now.
     4
     5   MR. JUSTICE BELL:   Yes.
     6
     7   MS. STEEL:   And split it up into the four sections that I
     8        referred to this morning.
     9
    10   MR JUSTICE BELL:  Yes.
    11
    12   MS. STEEL:   Four sections of the meaning.  The first one being
    13        McDonald's food is very unhealthy because it is high in
    14        fat, sugar, animal products and salt, sodium, and low in
    15        fibre, vitamins and minerals.  We argue that this assertion
    16        is basically uncontroversial, and that it is right, and
    17        that it has been supported by the evidence given in court
    18        at this trial.  I think in respect of this part of it, our
    19        view is that the statement that the food is very unhealthy
    20        is a comment, because I do not think that there is a
    21        scientific definition in relation to individual foods and
    22        whether or not they are unhealthy.  There is obviously
    23        widespread public perception and view about which foods are
    24        unhealthy.
    25
    26        If it is a question of fact, then the only definition that
    27        there is to go by is the current dietary recommendations
    28        made by governmental and health authority bodies, and
    29        McDonald's would not fit into those recommendations.  Their
    30        products, the typical or average McDonald's meal, would not
    31        fit into those recommendations.  So, basically, by whatever
    32        standard you judge it, be it widespread public view about
    33        what is healthy and what is unhealthy or by scientific
    34        definitions in relation to the diet or meals as a whole,
    35        McDonald's food is unhealthy.
    36
    37        Professor Wheelock accepted that McDonald's meals do not
    38        come within dietary recommendations, although he makes the
    39        point that dietary recommendations do not apply to
    40        individual foods.  That was on day 15, page 12.  We would
    41        say that the rider that Professor Wheelock added should be
    42        considered in the light of two important factors: one is
    43        that Professor Wheelock is not an independent expert
    44        because he has been advising McDonald's over the last three
    45        or four years as a consultant on nutrition amongst other
    46        things, i.e., he has been advising on the implications of
    47        dietary recommendations.  A reference for that is day 14,
    48        page 8.
    49
    50   MR JUSTICE BELL:  Yes.
    51
    52   MS. STEEL:   Therefore, when he said on day 14, page 9 that
    53        McDonald's attitude to nutrition and diet is very
    54        responsible, that cannot be taken at face value,
    55        particularly because he said that his role is to "help
    56        McDonald's tell their story".  That was day 15, page 10.
    57        In fact, he even accepted that his role was not truly that
    58        of an independent expert witness, but really that of the
    59        McDonald's consultant.  That was on day 15, page 11.
    60

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