Day 047 - 07 Nov 94 - Page 36

     
     1
     2   Q.   The question is whether a particular product is a positive
     3        contribution to a balanced diet or a negative one?
     4        A.  I doubt if an advertiser would suggest that his product
     5        made a negative contribution.
     6
     7   Q.   Then they would not be able to make claims that their food
     8        was healthy if, in fact, it was 90 percent sugar, or
     9        something?
    10        A.  "Such claims are not acceptable unless supported by
    11        sound medical evidence."  So they would not be able to make
    12        a misleading claim of that nature, anyway.  The proposal
    13        made by some lobbyists was that all generalised claims
    14        should be excluded and that has not been accepted.
    15
    16   Q.   So if they make a claim that a product is a healthy
    17        contribution to -- a positive contribution to a healthy
    18        diet, they should have to back that up with medical claims,
    19        medical evidence?
    20        A.  Indeed.
    21
    22   Q.   I see.  Then it says, in the very last sentence:
    23
    24        "ITC however insist that television companies consider all
    25        such claims......(read to the words).....expert advice to
    26        ensure that this facility is not abused."
    27
    28        So, presumably, they are saying that if somebody puts
    29        medical facts to back it up, there ought to be a checking
    30        on that, in case a company is only using the medical advice
    31        that supports its position?
    32        A.  Indeed.  The ITC and the television companies will
    33        always draw on independent advice.
    34
    35   Q.   To check the claims.  If we just go to the next page, the
    36        cover letter that went out with this on 10th October, 1994,
    37        asking, presumably, for responses to these proposals.  If
    38        we look at the third sentence, it starts:
    39
    40        "This also provides an opportunity to place the issues
         within a wider public policy context which we think will be
    42        helpful in reminding all those concerned with the
    43        preparation of appearance of advertising of increasing
    44        public expectations that advertising in this sector should
    45        pay responsible regard to health implications."
    46
    47        So the ITC accepts that there is rising public expectations
    48        in this particular area?
    49        A.  That there are expectations, yes.
    50 
    51   Q.   Increasing? 
    52        A.  You say rising.  I am not sure---- 
    53
    54   Q.   Sorry.  Increasing.
    55        A.  ----whether increasing comes into that, but
    56        expectations for all advertising that it is responsible.
    57
    58   Q.   It says in the next paragraph:
    59
    60        "These proposals reflect detailed advice from the ITC's