Day 042 - 31 Oct 94 - Page 47
1 there, which is a fairly basic school kit.
2
3 Q. Who might copy the child's actions and go in on their own?
4 A. Oh, the child is quite capable of going in. A 14 or 15
5 year-old may go into McDonald's by themselves. When they
6 reach that age, they are perfectly able to come to the
7 conclusion that this is a school kit and it is 65p and it
8 may be very good for them. To a younger child, the same
9 thing applies, that they may well want it, yes, but it
10 would be their parents that have to make the decision.
11
12 MR. JUSTICE BELL: There is no definition in the Golden Arches
13 code, is there, of what a child is, for the purposes of the
14 rules? I see on page 155 of the bundle, in respect of
15 Coca Cola, there is a reference to a child under the age of
16 12; in paragraph (3), children and "tween" commercials, as
17 if there is a distinction between the two. But it does not
18 say anywhere, for the purposes of this code, that children
19 means young people under the age of whatever.
20
21 MR. RAMPTON: My Lord, that is true of that document, but one
22 notices in the previous document, in tab 8, at page 126 --
23 this is an American document -- children are two to seven
24 and "tweens" are eight to 14.
25
26 MR. JUSTICE BELL: Except, on 126, it has "kids", again, two to
27 seven, and over the page it has "all kids", two to seven
28 and eight to 14.
29
30 MR. RAMPTON: I agree.
31
32 MR. JUSTICE BELL: It does not look as if it is defined in any
33 category.
34
35 MR. RAMPTON: I take it that it means that Mr. Green will tell
36 us-----
37
38 MR. JUSTICE BELL: Let us wait for him.
39
40 MR. MORRIS: If it is helpful, the ITC code, the first sentence,
41 the first paragraph says at the bottom: "The Commission
42 normally regards as children those aged 15 years and
43 under."
44
45 MR. JUSTICE BELL: Yes.
46
47 MS. STEEL: Okay.
48
49 (The next advertisement was shown)
50
51 MS. STEEL: Again, was that four different toys available each
52 different week?
53 A. Yes, it was.
54
55 Q. Carry on.
56
57 (The next advertisement was shown)
58
59 MS. STEEL: A different one each week?
60 A. Yes.
