Day 045 - 03 Nov 94 - Page 05
1 A. No, nothing subliminal.
2
3 MR. MORRIS: I was not referring to that kind of subliminal-----
4
5 MR. JUSTICE BELL: You see, I think that is why -- subliminal
6 means that kind of thing.
7
8 Can I just say one thing? Advertising and whether it is a
9 good or a bad thing at all is obviously a matter upon which
10 differing people will have differing views; and they are
11 entitled to have strong views and, if they have strong
12 views, they are entitled to express them strongly. I would
13 be surprised if there was anyone in court, on either side
14 of the court, who would dispute that. What we have to
15 concentrate on is what your particular attack on McDonald's
16 advertising is, as related to the words in the leaflet.
17
18 I know the next stage is: and as related to the meanings
19 which McDonald's say should be attributed to those words
20 and as related to any contrary which meaning you would put
21 forward, and any justification for them, anyway.
22
23 But this is not a trial about whether advertising,
24 generally, is a good thing or a bad thing. It has to be
25 related to what is said in the leaflet in some way.
26
27 You do that when you ask questions, and you have covered
28 that, about whether or not nearly all McDonald's
29 advertising is aimed at children, that a significant part
30 is, and the purpose of that is to get children to try to
31 get their parents to come in and so on. Then the next
32 heading is the "normality trap". I think it is Miss
33 Gallatley who particularly speaks about that.
34
35 What I am encouraging you to do is keep on something which
36 you see in the leaflet, rather than the vices or virtues of
37 advertising generally, and television advertising in
38 particular.
39
40 MS. STEEL: I think this really is coming under the section
41 about using advertisements and gimmicks to disguise, you
42 know, what is really going on, that they are really trying
43 to sell food.
44
45 MR. JUSTICE BELL: I have that. Bear in mind, also, that
46 although there are some matters of fact and comment which
47 you should put to Mr. Green, at the end of the day, you are
48 going to be arguing to me that my reaction to the
49 advertisements should be this, that or the other, as I am
50 supposed to be a reflection of what people would think,
51 regardless of what McDonald's think.
52
53 MR. MORRIS: In the leaflet -- this is something that does crop
54 up from time to time -- it says: "We're all subject to the
55 pressures of stupid advertising, consumerist hype, and the
56 fast pace of big city life", in the opening paragraph.
57 Obviously, the Plaintiffs have not complained about that
58 specific sentence. It is not clear what they have
59 complained about, exactly. So, obviously, we need to clear
60 this up.
