Day 037 - 14 Oct 94 - Page 55
1 I cross-examine a witness is entirely a matter for me.
2
3 MR. JUSTICE BELL: Yes.
4
5 MR. RAMPTON: I do not intend to cross-examine this witness
6 about the vast majority of what he said in the witness
7 box. The reason for that is this, that it depends upon
8 the major premise that the food sold by McDonald's is (a)
9 in itself unhealthy and (b) apt to promote an unhealthy
10 diet in its customers.
11
12 My Lord, that depends, that major premise, not on the
13 evidence of this witness in any sense at all, but upon the
14 evidence of other witnesses and upon your Lordship's
15 judgment in those matters. So, if your Lordship will
16 forgive me, I will not take issue with some of the
17 rhetoric which we have heard from this witness on that
18 aspect.
19
20 MR. JUSTICE BELL: Just as I said to Mr. Morris and Ms. Steel,
21 it will not be assumed that if they did not expressly
22 challenge something it is in any way accepted or
23 admitted. The same applies to you, quite apart from the
24 specific point you have made. But I say that in their
25 presence so they know that is the view I am adopting.
26
27 MR. RAMPTON: Yes. I put it bluntly the question whether or
28 not McDonald's promotional material is apt to mislead its
29 customers to the detriment of their health, is a matter
30 for your Lordship in the end, not for this witness, on the
31 basis of the literature which your Lordship has in court
32 and of the evidence of the expert scientific witnesses.
33
34 That said, Mr. Cox, your agenda for your evidence in this
35 case has appeared to me (and you will correct me if I am
36 wrong) to have been this, that it is important that people
37 who place material before the public which purports to
38 inform them about what is good or not good for their
39 health should not be deceptive or misleading; is that
40 right?
41 A. My "agenda"? Could you explain what you mean by that,
42 please?
43
44 Q. I summarise your evidence as saying this, that it is wrong
45 for people who put material before the public which is
46 designed to help them make decisions about their health
47 and nutrition, it is important that such people do not
48 deceive or mislead the public?
49 A. I do not think you quite understood what I have been
50 saying.
51
52 Q. I thought you had characterised McDonald's advertisements
53 and promotional material as deceptive, unethical and
54 misleading?
55 A. Yes, much of it deceptive. I would certainly say
56 their marketing strategy is unethical. There are examples
57 of misleading advertising, that is true.
58
59 Q. Do you agree that somebody who promotes themselves as a
60 purveyor of information about nutrition to the public
