Day 296 - 07 Nov 96 - Page 38


     
     1        had merely said there are concerns about the possible
     2        relationship between foods high in et cetera and low in et
     3        cetera and certain degenerative diseases and we call upon
     4        McDonald's to do this, that or the other, then it certainly
     5        would not be libelous.  But that is not what I have held
     6        that the leaflet means.
     7
     8   MS. STEEL:   Well, you have held that the leaflet means that - I
     9        can't remember the fourth part - that McDonald's know about
    10        the links between diet and ill health, but they do not make
    11        it clear, they still sell the food and that they deceive
    12        customers by claiming that their food is a useful and
    13        nutritious part of any diet.  Well, that is the reality of
    14        the situation; McDonald's do know it, do know about the
    15        links between diet and ill health, they do not make it
    16        clear in the leaflets which are available in-store, they
    17        are still selling high fat low fibre high sodium food and
    18        they are deceiving customers by claiming that their food is
    19        a useful and nutritious part of any diet, and why should it
    20        be libelous to make those criticisms?
    21
    22   MR. JUSTICE BELL:   Yes.
    23
    24   MS. STEEL:  Professor Wheelock admitted that it was virtually
    25        impossible to reach the COMA recommendations for sodium
    26        intake with commonly available processed products which
    27        included McDonald's food items, menu items, and he
    28        basically accepted that there was no question but that some
    29        of the meal combinations in McDonald's would come above the
    30        recommendations, I think that was the individual meals in
    31        themselves irrespective of the rest of the diet.  That was
    32        day 21, page 30.
    33
    34        I think that, taken with the Plaintiffs' own admission that
    35        there is a considerable amount of evidence of a causal
    36        relationship between a diet high in sodium and high blood
    37        pressure, for example, is, you know, effectively an
    38        acceptance of the fact that McDonald's food contributes to
    39        damaging people's health.
    40
    41        Professor Keene agreed during cross-examination that it was
    42        reasonable to say that excess dietary fat is more readily
    43        stored than dietary carbohydrate.  That was on day 29, page
    44        19.  Which basically means that I think there was some
    45        argument about whether or not fat contributed in a worse
    46        way to obesity than overall calorific intake.
    47
    48   MR. JUSTICE BELL:   Yes, I remember that.
    49
    50   MS. STEEL:   Obviously the levels of fat in the food are an
    51        important factor in and of themselves, not just by the
    52        amount of calories that they contribute to the diet.
    53
    54   MR. JUSTICE BELL:   There were two aspects, were there not; that
    55        dietary fat converts to human fat more readily than
    56        carbohydrates do, and there is also the argument that it
    57        may be more palatable to take on -----
    58
    59   MS. STEEL:   So you eat more of them.
    60

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