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.
 

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