Day 292 - 01 Nov 96 - Page 13
1 society, that we are all forced to see advertising images
2 and we are all forced to hear the views of multinational
3 corporations and other powerful people one way or the
4 other, does not mean to say that what they are saying, if
5 it is not correct or it is not healthy, should not be
6 criticised.
7
8 I did not say that very well. What I am saying is that the
9 fact that we expect companies to propagandise about how
10 great they are and deny their critics, does not mean to say
11 that it is not deceptive. The fact it is not illegal ----
12
13 MR. JUSTICE BELL: That is the point, is it not? Whether you
14 like it or not, whether I like it or not, it may well be
15 that any large commercial concern in this country or the
16 United States, depending on what they all do in selling
17 themselves, marketing and so on, is going to put the best
18 honest picture that it can put forward. That is the
19 distinction. I may not be able to be against advertising
20 or promotion in itself, nor may the ordinary person in the
21 street may be against it, may not, certainly may not think
22 it is defamatory to say they promote themselves. It is the
23 deception which is defamatory, and that is why I want you
24 to -- you have not lost sight of it because you have given
25 me some examples. That is the distinction, is it not?
26
27 MR. MORRIS: Yes. I think that advertising is deceptive and
28 that is the whole purpose of it. And in the way, for
29 example, Mr. Oakley deals with the problem of land fill, it
30 is deceptive, trying to portray that there is no land fill
31 problem and at the same time saying that in fact it could
32 even be of benefit. And all the other things I have said
33 about this issue.
34
35 So basically he admitted that with the exception of those
36 five Manchester stores, all post consumer waste in the UK
37 either ends up as environment/index.html">litter or gets dumped in land fill
38 sites. He defended McDonald's large usage of packaging,
39 large quantities of packaging and said that the use of
40 colourful cartons with company logos was, quote, to put the
41 brand across directly to the customer, end quote, for
42 image, brand image.
43
44 And this is another very important part of our analysis of
45 what McDonald's is doing, that they are using the cartons
46 as part of the McDonald's experience, as part of the
47 promotion of the company, and in fact, although they would
48 never admit it, we believe the only conclusion is that the
49 more environment/index.html">litter everywhere with McDonald's cartons,
50 recognisably McDonald's cartons, the more promotional
51 effect it has in terms of keeping themselves at the
52 forefront of the customers' mind, as they would say, is
53 what Mr. Fairgrieve said about advertising.
54
55 But, in any event, whether the environment/index.html">litter serves that purpose
56 or not, intentionally or not, it is clear that the
57 packaging in general does. And they were talking about how
58 they could not have it dull, could not have it recycled
59 polystyrene because it would be dull, it has to be
60 coloured, which means it cannot be recycled as well. They
