Day 053 - 22 Nov 94 - Page 08


     
     1        specifically just McDonald's.  McDonald's is the most
     2        well-known of the hamburger chains and, therefore, that is
     3        why they are specifically referred to.  They are
     4        specifically used as an example, but it is about the whole
     5        of the hamburger industry.
     6
     7        In relation to the "M's" at the top of the page, we believe
     8        they are simply part of a satirical banner designed to
     9        catch the eye.  We do not consider that the words are being
    10        used descriptively, and we would certainly say that they
    11        are not statements.  We say that no one reading the banner
    12        and then reading the text would read "McCancer" as meaning
    13        that McDonald's causes cancer.
    14
    15        Given that it is not even on the same page, it is highly
    16        likely that if anyone had bothered reading all the headings
    17        at the top, they would have forgotten it by the time they
    18        got to the section on nutrition, anyway.
    19
    20        The heading at the top of the paragraph about
    21        nutrition, "What's so unhealthy about McDonald's food?" it
    22        relates to the fact that they promote their food as
    23        healthy.  So it is trying to put an alternative point of
    24        view, and saying that the fact is that much of it is high
    25        in fat and low in fibre, et cetera, and it is wrong for
    26        them to call it healthy.  The fact is, it is not a useful
    27        and nutritious part of any diet.
    28
    29        I would point out that the use of "any diet" relates to the
    30        fact that the impression given in McDonald's pamphlets is
    31        that they are a useful part of the diet, therefore, they
    32        are a nutritious part.  The implication in that is that if
    33        you eat some other food that is not so useless, it does not
    34        matter, because you have had a useful part from McDonald's.
    35
    36   MR. JUSTICE BELL:  I understand your argument, but are you
    37        saying that the leaflet is not even capable of bearing the
    38        meaning which Mr. Rampton puts on it?
    39
    40   MS. STEEL:  I would say so, yes.
    41
    42   MR. JUSTICE BELL:  It is not capable?
    43
    44   MS. STEEL:  No.  I do not see how it can be capable of saying:
    45        "You eat McDonald's products and you will get cancer."
    46
    47   MR. JUSTICE BELL:  Would you accept that it is capable of having
    48        some intermediate meaning, such as:  "If you eat enough
    49        McDonald's food to make your diet high in saturated fat and
    50        salt and low in fibre, vitamins and minerals, then you take 
    51        a risk of suffering cancers of the breast or bowel or heart 
    52        disease as a result"? 
    53
    54   MS. STEEL:  I would say that it is about diet in general, and
    55        that if you have a diet that is high in fat, sodium,
    56        et cetera, then you are running a risk of getting those
    57        types of diseases, and that McDonald's food comes into that
    58        because McDonald's food fits that description.
    59
    60   MR. JUSTICE BELL:  Is that not the same as what I have put to

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