Day 060 - 02 Dec 94 - Page 66


     
     1        important environmental goal in itself, and when customers
     2        buy a product and see that it is recycled, they believe
     3        that means it has been returned by consumers to be used
     4        again, recycled.  In order not to deceive the public (which
     5        in America, as you know, they have very strong laws on
     6        advertising claims, well, I presume you know that) it has
     7        to be specified so that the consumer does not get the wrong
     8        impression.  Would that be a fair summary?
     9        A.  What is your question?
    10
    11   Q.   Of why it is important to distinguish.
    12
    13   MR. JUSTICE BELL:  You do not know the answer?
    14        A.  I do not.
    15
    16   Q.   What is being put is that if you say "80 per cent
    17        recycled", a lot of ordinary people in the street would
    18        mean this has been a paper bag, cardboard box, something
    19        which has been used before; whereas, in fact, it may be
    20        that it was wood chippings or off cuts of paper in a
    21        paper-making factory or anything of that kind which never
    22        got anywhere near a customer, and yet the ordinary person
    23        in the street thinks the really laudable aim is to put back
    24        into the system that which has had a consumer use, do you
    25        see?  You do not know whether that is so?
    26        A.  I do not, my Lord.  I accept what you are saying.
    27
    28   Q.   It might make some sense if that were the reason the
    29        Americans want to distinguish?
    30        A.  I accept what you are saying, but I also gave a reason
    31        earlier as to why we cannot put that kind of information on
    32        our packaging.  The reason I gave was the supplier could
    33        not tell us with confidence without changing that message
    34        constantly just how much post-industrial or post-consumer
    35        recycled material there was in the package.
    36
    37   MR. MORRIS:  So you have asked them, have you, to do that?
    38        A.  We have asked if they can do it, and they have said
    39        they cannot do it with confidence and on a continuous
    40        basis.
    41
    42   Q.   Is the reason you asked them to say whether they could do
    43        that is because you thought that was an important
    44        distinction?
    45        A.  I think it made some sense, yes, if you can do it.
    46
    47   Q.   If you turn to pink volume IV, yes, page 93 -- sorry, tab
    48        5, and it is actually page 276 in the bundle.
    49        A.  Right.
    50 
    51   Q.   You will see in the labelling "Recycled Products" under B, 
    52        it says:  "The Task Force agreed that in some cases 
    53        McDonald's should label its packaging to explain
    54        environmentally orientated changes to customers in a
    55        straightforward and accurate manner.  Generally, McDonald's
    56        will not label an item as 'recyclable' unless it has been
    57        recycled in the McDonald's system or can be recycled in
    58        local programmes extensively across the United States."
    59        That seems to link up with that Advertising Standards
    60        Authority rule we heard yesterday; is that correct?

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