Day 292 - 01 Nov 96 - Page 50
1 hole trays, which we would have prayed in aid of the
2 damaging effects of using bleaching in packaging, and that
3 anyway that note in brackets is the paper bags were
4 bleached until 1992 in any event.
5
6 Then we moved on to the post-consumer and post-industrial
7 recycled content. PC and PI, page 66, and he agreed that
8 they could not use the word 'recyclable' in the USA unless
9 it was practically recyclable for their custom, ie, unless
10 you are recycling it, or there is a local authority or
11 something recycling unit that would take it in that
12 vicinity, it cannot be advertised as recyclable because it
13 would be deceptive, which would be eminently sensible, we
14 would say, because it is deceiving the customer.
15
16 Then the next page of my notes, and I will just deal with
17 day 60.
18
19 MR JUSTICE BELL: I can take out that next sheet, can I not?
20 'Check notebook'.
21
22 MR. MORRIS: Yes, I have not actually got -- sorry, yes, you
23 can take that out, yes please.
24
25 MR JUSTICE BELL: 'Finish day 60'.
26
27 MR. MORRIS: Yes. McDonald's in the USA will not use recycled,
28 the word 'recycled', unless "significant" post-customer,
29 post-consumer, contents. It says 'and rest of page'. That
30 is page 67. The point is, it is not only apparently the
31 law in the United States-----
32
33 MR. RAMPTON: No, it is not the law, my Lord, that is not
34 right. Mr. Morris keeps making that mistake. If he looks
35 at the evidence of Mr. Langert he will see the guidelines
36 from the Federal Trade Commission.
37
38 MR. MORRIS: The fact that it is guidelines from the Federal
39 Trade Commission, which presumably by law would affect
40 advertising, because if you promote something in a
41 deceptive manner you will not be allowed to do it in
42 America, as we have heard in this case. And McDonald's
43 accepts that, so McDonald's are accepting that the use of
44 the word 'recycled' should not be - the fact that they
45 accept it because they are forced to accept it is
46 immaterial. The point is, they accept, therefore we would
47 say as far as other countries are concerned as well, the
48 McDonald's Corporation, first Plaintiffs, must accept that
49 'recycled' is deceptive unless it contains a significant
50 quantity of post-customer recycled content. Anyway, it is
51 just common sense, really.
52
53 Then page 68. There was a thing about not including
54 off-cuts, et cetera. It seems that apparently -- on page
55 65 -- Edwards said that was the major part of the UK
56 recycled waste. I am not sure about that one, what it
57 refers to. Page 68, serious concerns about environmental
58 effects of paper packaging. We have referred to that
59 already. Page 70 of the EDF task force, Polystyrene comes
60 off worse, dramatically worse -- that is a direct quote --
