Day 057 - 29 Nov 94 - Page 42


     
     1
     2   MR. MORRIS:  Yes.  It would have been if the Advertising
     3        Standards Authority in this country -- presumably, other
     4        countries -- makes a ruling against a particular company,
     5        then they will write a particular letter to that company
     6        which will be unique as a document.  It will be a letter
     7        which says:  "We have ruled X, Y and Z.  Please bear that
     8        in mind in future advertisements".
     9
    10   MR. JUSTICE BELL:  I think you should make your own efforts
    11        first, because what I am very wary of -- it has already
    12        been done to a large extent -- where there are documents
    13        which are as available to you as to McDonald's, then
    14        I think you have to do something towards trying to get them
    15        for yourselves.  I cannot at the moment see how it can
    16        actually help me reach a decision in this case when I have
    17        so much direct evidence one way or another on the
    18        advertising aspect.  Does Sweden fall into the same
    19        category?
    20
    21   MR. MORRIS:  Not quite, no, because my understanding is that
    22        there is a general ban on characters in Sweden in
    23        advertising or with children, I do not know.
    24
    25   MR. JUSTICE BELL:  That is a matter of Swedish law then, is it
    26        not?
    27
    28   MR. MORRIS:  Yes, that is slightly different.  The point about
    29        it was not just advertising, it was kindergartens as well.
    30        I do not know at this stage whether there was any specific
    31        ruling against ronald mcdonald in kindergartens or whether
    32        it is a general ban on the use of characters, not just in
    33        advertising, but in kindergartens.  So, it is a slightly
    34        different category.  Obviously, McDonald's will know if
    35        their ronald mcdonald character is banned from attending or
    36        having displays in kindergartens which is the way
    37        I understand it.
    38
    39   MR. JUSTICE BELL:  The question of whether there is a general
    40        ban, as you describe it, must be a matter of law, so there
    41        is no question of discovery in relation to that.  You have
    42        not actually suggested or got any evidence of a ruling
    43        against McDonald's.
    44
    45   MR. MORRIS:  No.
    46
    47   MR. JUSTICE BELL:  If you had, it might well be that my reaction
    48        would be the same as it was with regard to Denmark, but you
    49        have not even got that.
    50 
    51   MR. MORRIS:  The 1991 UK customer survey; this is the recent 
    52        survey of customer opinions of why they were less inclined 
    53        to go more often or more inclined to go less often to
    54        McDonald's which was referred to by Mr. Hawkes.  I do not
    55        have the exact reference but there was some discussion
    56        about that.
    57
    58   MR. JUSTICE BELL:  That was the one which came to light because
    59        Mr. Preston was reported in the national press referring to
    60        it.

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