Day 292 - 01 Nov 96 - Page 50


     
     1        hole trays, which we would have prayed in aid of the
     2        damaging effects of using bleaching in packaging, and that
     3        anyway that note in brackets is the paper bags were
     4        bleached until 1992 in any event.
     5
     6        Then we moved on to the post-consumer and post-industrial
     7        recycled content.  PC and PI, page 66, and he agreed that
     8        they could not use the word 'recyclable' in the USA unless
     9        it was practically recyclable for their custom, ie, unless
    10        you are recycling it, or there is a local authority or
    11        something recycling unit that would take it in that
    12        vicinity, it cannot be advertised as recyclable because it
    13        would be deceptive, which would be eminently sensible, we
    14        would say, because it is deceiving the customer.
    15
    16        Then the next page of my notes, and I will just deal with
    17        day 60.
    18
    19   MR JUSTICE BELL:  I can take out that next sheet, can I not?
    20        'Check notebook'.
    21
    22   MR. MORRIS:   Yes, I have not actually got -- sorry, yes, you
    23        can take that out, yes please.
    24
    25   MR JUSTICE BELL:  'Finish day 60'.
    26
    27   MR. MORRIS:   Yes.  McDonald's in the USA will not use recycled,
    28        the word 'recycled', unless "significant"  post-customer,
    29        post-consumer, contents.  It says 'and rest of page'.  That
    30        is page 67.  The point is, it is not only apparently the
    31        law in the United States-----
    32
    33   MR. RAMPTON:   No, it is not the law, my Lord, that is not
    34        right.  Mr. Morris keeps making that mistake.  If he looks
    35        at the evidence of Mr. Langert he will see the guidelines
    36        from the Federal Trade Commission.
    37
    38   MR. MORRIS:   The fact that it is guidelines from the Federal
    39        Trade Commission, which presumably by law would affect
    40        advertising, because if you promote something in a
    41        deceptive manner you will not be allowed to do it in
    42        America, as we have heard in this case.  And McDonald's
    43        accepts that, so McDonald's are accepting that the use of
    44        the word 'recycled' should not be - the fact that they
    45        accept it because they are forced to accept it is
    46        immaterial.  The point is, they accept, therefore we would
    47        say as far as other countries are concerned as well, the
    48        McDonald's Corporation, first Plaintiffs, must accept that
    49        'recycled' is deceptive unless it contains a significant
    50        quantity of post-customer recycled content.  Anyway, it is
    51        just common sense, really.
    52
    53        Then page 68.  There was a thing about not including
    54        off-cuts, et cetera.  It seems that apparently -- on page
    55        65 -- Edwards said that was the major part of the UK
    56        recycled waste.  I am not sure about that one, what it
    57        refers to.  Page 68, serious concerns about environmental
    58        effects of paper packaging.  We have referred to that
    59        already.  Page 70 of the EDF task force, Polystyrene comes
    60        off worse, dramatically worse -- that is a direct quote --

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