Day 038 - 19 Oct 94 - Page 49
1
2 THE WITNESS: On the first document at tab 1 is a copy of the
3 report on food colourings from the Food Additives and
4 Contaminants Committee report No. 29 published in 1979, and
5 there on page 33 is one brief paragraph on Sunset Yellow
6 which states: "Certain azo dyes, including Sunset Yellow,
7 have been shown to be associated with hypersensitivity
8 phenomena" -----
9
10 MR. JUSTICE BELL: Where are you?
11 A. Page 33.
12
13 Q. I have that. But then if you can describe where it is on
14 the page?
15 A. I see. It is on the right-hand side of the page. The
16 second paragraph, is headed: "(iv) Sunset Yellow". He is
17 referring to the Michaelsson study, and it says: "For
18 example, Michaelsson", indicating that Michaelsson is not
19 the only report they have.
20
21 MS. STEEL: I think Michaelsson may be at No. 8.
22 A. Not in this set.
23
24 MR. JUSTICE BELL: There is Michaelsson is at 8 in that bundle.
25 Do you have a copy of that?
26
27 MR. MORRIS: Can we ask for guidance from the court as to what
28 kind of extent do we in examination-in-chief need to go
29 into the references once we have referred to them? Do you
30 want us to go through them in any depth? Obviously, the
31 Plaintiffs if they are not challenging that, it is their
32 decision really. I also believe -----
33
34 MR. JUSTICE BELL: I will explain what the difficulty is in my
35 mind, and I think it is then a matter for you to judge.
36 The statement in that paragraph on page 9 of
37 Dr. Millstone's statement says: "The Department of Health
38 reviewed Sunset Yellow in 1979. They acknowledged that
39 certain azo-dyes, including Sunset Yellow, FCF, have been
40 shown to be associated with hypersensitive reactions in
41 man".
42
43 Now, as that is there, it can mean almost anything; just to
44 give an example -- I do not suppose I would be springing
45 any surprises if I said that I would not see it as much of
46 a threat to health if what that meant that there had been
47 three cases identified in the last 50 years. On the other
48 hand, if there had been a much larger number, then it might
49 be significant. Do you follow?
50
51 I have chosen the three and 50 years as an extreme example.
52 So, it is a matter for you to judge, but if the article
53 actually does point to a significant number, and that is
54 why I asked whether there was any comment in the physician
55 case about similar examples, if the article does point to a
56 significant number, then you owe it to yourself and your
57 case to make sure I look at it.
58
59 It really is too much of a burden for me to go away and
60 say: Ah, Dr. Millstone has read that, so I must read the
