Day 042 - 31 Oct 94 - Page 41


     
     1        in fat, etcetera; linked to heart disease, cancer etcetera;
     2        and then contains many additives.
     3
     4        So there are a number of aspects in which you have said
     5        that what is in the leaflet is justified.  What I would
     6        encourage you to do is, with respect to Mr. Rampton, not
     7        concentrate just on pulling children into McDonald's where,
     8        as it happens, they will eat unhealthy food, but on matters
     9        which go to any one or more of those allegations which are
    10        set out in tab 4.
    11
    12        The extent to which you need to cross-examine the witness
    13        is up to you.  If, for instance, you have something to put
    14        to Mr. Hawkes, to challenge his evidence that 31 per cent
    15        of the budget, going down to whatever the lower percentage
    16        was, are not correct for some reason, then obviously you
    17        should put it to him, if you are asking him to say that
    18        most advertising is directed at children.  If you wanted to
    19        put something to Mr. Hawkes about what I have called the
    20        "normality trap", do so.  You have your own witness to say
    21        something about that.
    22
    23        I think Mr. Rampton's point, really, is that it is not an
    24        alleged criticism of McDonald's simpliciter that they use
    25        advertising to draw in custom.  Mr. Morris, in opening, had
    26        an aside to the effect that not everyone agrees with
    27        advertising anyway, but my recollection is that he went on
    28        to say that he could not really say that was a fair part of
    29        the case -- I forget what words he used -- it was not an
    30        attack on advertising, just generally in commerce in this
    31        modern, developed world; it was more specific.
    32
    33        So all I would urge you do is concentrate on the matters
    34        which go to your specific allegations.  What the leaflet
    35        means, whether it means what the Plaintiffs have alleged it
    36        means, is a matter of argument; it is not a matter of
    37        evidence.
    38
    39   MS. STEEL:  The only reason we brought this up was just because
    40        we thought that maybe in the light of what Mr. Rampton had
    41        said this morning, they might not be wanting to proceed
    42        with all the letters, all the paragraphs, in the Statement
    43        of Claim.
    44
    45   MR. RAMPTON:  No, my Lord.  That of course is not right but, as
    46        I think said when I opened this case -- I hope I did,
    47        I have not looked it up -- there may be a discreet separate
    48        issue whether or not the quality of McDonald's advertising
    49        to children is open to criticism in one way or another.
    50        True it is, it does not tell the children what the rates of 
    51        pay are for the workers in the restaurants, and matters of 
    52        that kind.  More seriously, of course, if a serious 
    53        criticism could be made to the effect that whatever it was
    54        that McDonald's were selling, nevertheless, their
    55        advertising was deceptive overall, why then, that would be
    56        a proper criticism to make; of course, I accept that.
    57        I did not read the Defence as saying that.  I read the
    58        Defence as saying that it traps children, or seduces or
    59        persuades children, into eating food which is bad for them.
    60

Prev Next Index