Day 042 - 31 Oct 94 - Page 43
1 one hundred per cent, which is why the evidence on
2 advertising, in my respectful submission, is only really of
3 importance in this case if it be asserted that its quality
4 is deceptive, because, by that route, if the Defendants
5 were right -- of course, our contention is that they are
6 one hundred per cent wrong -- not only would you be getting
7 people into restaurants to damage their health, you would
8 be getting them in by dishonest means.
9
10 MR. JUSTICE BELL: Dishonest, or exerting undue pressure in such
11 a way-----
12
13 MR. RAMPTON: Inappropriate, improper, whatever the word might
14 be. But, so far as we can see, the only relevance of the
15 evidence that Mr. Hawkes and Mr. Green will follow is
16 really to this extent -- it has two aspects to it: one is
17 whether the advertising, objectively judged, which I doubt
18 is a question of evidence at all, beyond what your Lordship
19 can see-----
20
21 MR. JUSTICE BELL: I have to make for myself what I see of that,
22 have I not?
23
24 MR. RAMPTON: Yes, exactly.
25
26 MR. JUSTICE BELL: Subject to any argument by the Defendants.
27
28 MR. RAMPTON: Of course.
29
30 MR. JUSTICE BELL: I might go either way on it. I have already
31 indicated that I am as surprised as they, that those were
32 children's raspberries, rather than real racing cars, on my
33 own impression.
34
35 MR. RAMPTON: Of course. But then a further question is: in
36 fact, does a little child expect a little plastic car to
37 make a real racing car noise? Those are matters for your
38 Lordship; they are not questions of evidence. The question
39 which is a question for evidence is what McDonald's intent
40 is in relation to this advertising. Your Lordship has it
41 plainly from this witness, and from me by way of aside --
42 and I hope we will hear from Mr. Green -- that the purpose
43 of advertising is to sell more food, whether it be by the
44 direct route of the adult or the indirect route of the
45 child. There is no issue about that.
46
47 What I would respectfully suggest the Defendants ought to
48 be focusing on in relation to these witnesses, so that we
49 do not spend what I call unnecessary time in court, is
50 whether or not McDonald's intend to deceive the viewer, the
51 reader of the advertisement, by what they put out, rather
52 than making speeches to your Lordship, as it were, through
53 the television set, about the actual quality of the
54 advertising.
55
56 MR. JUSTICE BELL: Yes. If I might say so, concentrate on
57 aspects which you think are actually proper in the sense of
58 putting undue pressure or deceiving. Bear in mind that you
59 can argue to me what impression a particular ad makes in
60 due course. By all means, if you wish, you can ask
