Day 010 - 11 Jul 94 - Page 71
1 Q. Quite, which at the time accorded 100 per cent with the
facts as they were known, did it not?
2 A. I am sorry.
3 Q. Let me give you an example. Hydrochloric acid is highly
corrosive, is it not?
4 A. Yes.
5 Q. Suppose there were a cousin, rather distant relative
hydrochloric acid which was only 5 per cent as corroded.
6 Just imagine that for the moment. Do you think it would
be an accurate representation of their relationship or
7 would it be misleading to call them both by the same name?
A. If there was -- you are asking if there is a chemical
8 cousin?
9 Q. No. I am saying if two things are perceived to have
wholly different properties, is it not misleading to give
10 them the same name?
A. I think that -----
11
MR. JUSTICE BELL: Just answer the question.
12 A. I am trying to.
13 Q. Then add anything you wish.
A. The question is would it be misleading to maintain the
14 same name for two completely different things?
15 MR. RAMPTON: No. Two substances which might be related more
or less distantly, but which happen to have, or are
16 perceived to have, completely different properties in a
significant area?
17 A. Then, would it be misleading to give them the same
name? Well, I think that it is a matter of what is
18 intended by giving them the same name. If the intent of
naming these chemicals with the same, with different
19 properties by the same name, is to mislead, then that
would indeed be misleading. If the intent is based on
20 some other reasoning, then it would not necessarily be
misleading unless it became to be used in a misleading
21 fashion. With regard to the use of the term HCFC and the
use by McDonald's of the term "CFC free" in its labelling,
22 I believe that is misleading.
23 Q. Now I want to pass on to styrene migration, if I may, for
a moment. You must not take it from my silence I accept
24 anything of what you said on that topic; merely that
I wish to take it no further. What are the US Food and
25 Drug Associations limits for styrene migration into
polystyrene containers?
26 A. Without referring to documents I cannot say.
27 Q. I well tell you how we will do it. We will take one of
your documents, if we may?
28 A. That will be fine.
29 Q. It is that packaging service industry document. It is in
the polystyrene fact sheet bundle.
30 A. Yes.
