Day 038 - 19 Oct 94 - Page 59
1 What you have to contemplate is the possibility that "at
2 worst poisonous" means that, or may mean that a significant
3 number of people may suffer -- I have not heard argument
4 about it -- a toxic reaction from foods which include any
5 one or more of the additives which are attacked in your
6 pleading.
7
8 This is your witness on that topic. What I suggest you do
9 is carry on with this exercise. If, having given his
10 evidence, Dr. Millstone goes away and prepares an analysis
11 of papers which, for instance, purport to show that the
12 incidence of gastric upset and vomiting has a reaction to
13 Sunset Yellow is one per cent of the population, or even
14 .01 per cent of the population, then I will certainly
15 listen to any application you make in the future to recall
16 and to present that evidence once proper discovery of
17 supportive articles has been made.
18
19 I suggest for the time being you go through these additives
20 in the way you are doing. I have already underlined what
21 I think is the one reference to adverse human reaction in
22 Amaranth. I will draw your attention to that when we come
23 to it.
24
25 What we cannot have really is Dr. Millstone in the witness
26 box referring to some paper which he recalls and giving the
27 name of an author and just leaving it there, on the basis
28 that I will then be expected to attach any weight at all to
29 the reference unless it is produced. Do you understand?
30
31 MS. STEEL: Yes. I am not really sure, but all this line about
32 how many people are affected has not really been mentioned
33 before, and I am sure -----
34
35 MR. JUSTICE BELL: It was mentioned in general terms by
36 Professor Walker and, although I could see that the main
37 thrust of Dr. Millstone is in another direction, he does
38 deal with it. If you turn to page 11, for instance, under
39 "Toxicological evaluation and possible health hazards",
40 the third sentence at the end of the second line: "There
41 is some direct human evidence that it can provoke
42 hyperactivity and other symptoms of intolerance including
43 asthma, eczema and urticaria".
44
45 It is very difficult for me to see that I can -- that
46 statement is there, but I have to say it is difficult for
47 me to see that I can attach any real weight in it so far as
48 the case against McDonald's is concerned, unless it is
49 being said that it occurs in a -- I use very general words
50 -- significant number of cases rather than once in a blue
51 moon.
52
53 MS. STEEL: Professor Walker did use the figure of one in a
54 1,000 or thereabouts, and certainly we would argue that
55 that is a significant number of people.
56
57 MR. JUSTICE BELL: You are certainly entitled to pray-in-aid
58 Professor Walker's evidence insofar as it helps you. What
59 I am focusing on now is the extent to which Dr. Millstone
60 can help you since he is here and in the witness box. By
