Day 038 - 19 Oct 94 - Page 54


     
     1   MR. JUSTICE BELL:  Take that out with him, sit down at a table
     2        outside and then follow your own course.
     3
     4                       (Short Adjournment)
     5
     6   MR. MORRIS:  The problem, as we see it, is establishing a system
     7        going through these in an effective and efficient manner,
     8        so that you are satisfied you are getting the information
     9        you need.  So can we just clarify that, which is if we go
    10        through each compound one by one, we ask what the allergies
    11        and intolerances are, carcinogenic properties, if any, and
    12        then the hyperactivity specifically, and then we ask all
    13        three things, not carcinogenic, but the other two, what the
    14        frequency that Dr. Millstone considered.
    15
    16   MR. JUSTICE BELL:  If you like, as you come to each one, you can
    17        ask what the frequency or, if you come to each adverse
    18        reaction in relation to each additive you can ask, or when
    19        you have got the adverse reactions in relation to each
    20        additive, then before moving on to the next additive you
    21        can ask what evidence is there so far as Dr. Millstone is
    22        concerned.
    23
    24   MR. MORRIS:  Yes.  The problem comes in exactly how much
    25        reference to documents is needed as we go through.  How
    26        much weight do you give to Dr. Millstone's summary of the
    27        position or whether for each one you would want to refer to
    28        a particular document or whether -----
    29
    30   MR. JUSTICE BELL:  You may or may not want to refer to the
    31        document.  What I suggest you might do is ask him to
    32        identify in his statement (which he probably would be able
    33        to do very quickly) where he refers to an adverse reaction
    34        in man.  He did it in two instances in relation to Sunset
    35        Yellow; he made various references to various experiments
    36        on animals, but he made, if my recollection is correct, two
    37        references to adverse reaction in man; one was the general
    38        statement which was followed by the reference to footnote 1
    39        and one was the specific incident concerning the physician
    40        where there was the reference to 9.
    41
    42        Now, on my recollection of the statement which I originally
    43        looked at quite carefully, that sort of thing occurs in
    44        relation to other additives in his statement.  Between us
    45        we can probably find the references in the statement quite
    46        quickly.  You can ask Dr. Millstone that if we look at that
    47        actual paper will it give us more hard information about
    48        the incidence of that adverse reaction?  Do you
    49        understand?
    50 
    51        If he says:  "No, I do not think it will", we need not look 
    52        at it.  If he says:  "Yes, I think it did, I think that 
    53        referred to a number of cases", or whatever, then we can
    54        look at it, if you wish.  It may well be that they will
    55        nearly will fall into the first category in the light of
    56        what Dr. Millstone said just before we adjourned, that
    57        there is a paucity of evidence in that area.
    58
    59   MR. MORRIS:  Is there, Dr. Millstone, a general figure which you
    60        believe that the allergic reactions which you may identify

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