Day 186 - 10 Nov 95 - Page 29


     
     1
     2   MR. JUSTICE BELL:  I have your diet point.
     3
     4   MR. MORRIS:  -- but if you are going to link the two, then
     5        "higher" would be more reasonable, in our submission,
     6        because it is whether their products are making your
     7        consumption of the sort of things that we are encouraged to
     8        avoid higher or lower.  For example, every time you eat,
     9        you know, a good healthy meal of vegetables and salads and
    10        fruits, whatever, that is going to increase your proportion
    11        of high of fibre and vitamins, whatever.  So it will not,
    12        in itself, that meal, make it high in fibre.  It will make
    13        it higher.  That is all.  That is the only -----
    14
    15   MR. JUSTICE BELL:  Yes.
    16
    17   MR. MORRIS:  If that helps.
    18
    19   MR. JUSTICE BELL:  I only ask those questions to help clear my
    20        own mind.  You carry on with your submissions in your own
    21        way.  Is there anything more you want to say about -----
    22
    23   MS. STEEL:  The meaning, well, just you said something about if
    24        you had made those changes, would it all be OK?  I still
    25        want the points about the false claims and what-have-you to
    26        be borne in mind.  I do not know if you understand.
    27
    28   MR. JUSTICE BELL:  That is the last three lines or so of
    29        the  ......
    30
    31   MS. STEEL:  I was not sure quite how far you were going when you
    32        said -----
    33
    34   MR. JUSTICE BELL:  I am going all the way through.  As I say, it
    35        is just so I understand where, if at all, the differences
    36        are.
    37
    38   MS. STEEL:   Right.
    39
    40   MR. JUSTICE BELL:  All I am asking -- you can come back after
    41        lunch, if you want, on it -- if it, in fact, read:
    42         "McDonald's food is unhealthy because it is high in fat,
    43        sugar, animal products and salt (sodium) and low in fibre,
    44        vitamins and minerals, and eating it might make your diet
    45        high or higher, in fat", etcetera, "and low in fibre",
    46        etcetera, "with some risk that you might suffer cancer of
    47        the breast or bowel or heart diseases as a result, and
    48        although McDonald's know, or ought to know, this, they do
    49        not make it clear and claim that their food is a useful and
    50        nutritious part of any diet", then I am asking:  Is there 
    51        any difference in substance between that and the meaning 
    52        which you have suggested as your equivalent of Plaintiffs' 
    53        F?
    54
    55   MS. STEEL:   I only think the main thing is basically there is
    56        not a massive amount of difference, except that our
    57        pleading concentrates more on diet than on McDonald's food
    58        specifically.
    59
    60   MR. JUSTICE BELL:  Yes.  Where are you going to go to now in

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