Day 048 - 08 Nov 94 - Page 33

     
     1        refers to television advertising -- towards the bottom,
     2        there is a discussion.  Well, actually, in the middle, it
     3        is talking about:
     4
     5        "In some cases reference to the properties of a particular
     6        ingredient may give a misleading impression of the product
     7        taken as a whole.  Such claims are not acceptable unless
     8        supported by sound medical evidence and will, where
     9        appropriate, be assessed by reference to the concept of
    10        balanced diet."
    11
    12        Then down at the bottom of the page, following a debate
    13        about whether particular foods could be claimed to be
    14        healthy or not and whether those kinds of generalised
    15        claims should be disallowed altogether, it says:
    16
    17        "....it would be more conducive to the objectives of the
    18        Health of the Nation programme for those advertisers in a
    19        position to do so to be able to draw attention to the
    20        contribution their products could make to a healthy
         diet....."
    22
    23        Now, if that comes the position (sic), would you say that
    24        your products would make a positive contribution or a
    25        negative contribution to a healthy diet?
    26        A.  I am in no way a nutritionist, but I believe that our
    27        products are perfectly healthy as a balanced diet and make
    28        a positive contribution to people enjoying life.  I would
    29        say the same about a confectionery bar, as well.  I see
    30        nothing wrong in having a variety of food and a balanced
    31        diet.
    32
    33   Q.   You said "healthy as a balanced diet".  Do you mean that
    34        your products, as a whole, are balanced?
    35        A.  No.  I mean that what we offer in our restaurants is
    36        good quality food and, as part of a balanced diet, it is
    37        perfectly healthy; it is not harmful in any way.
    38
    39   MR. JUSTICE BELL:  You have got to be careful, might I suggest?
    40        If we follow this line of cross-examining, we are going to
         go through all the nutrition side again, when the very
    42        first thing Mr. Hawkes said in his answer was:  "I am in no
    43        way a nutritionist."  He then expressed an opinion which is
    44        therefore, with respect to Mr. Hawkes, not worth any more
    45        than any other ordinary person's view of it, and no doubt
    46        different from one person to the next; and I have heard a
    47        lot of expert evidence on it.
    48
    49   MR. MORRIS:  Can you remember any advertisement or marketing
    50        from your department which has described McDonald's food as 
    51        healthy? 
    52        A.  Not that I can recall. 
    53
    54   Q.   Why is that, then?
    55        A.  I just cannot recall that we have ever done it that
    56        way.
    57
    58   MR. JUSTICE BELL:  How can you possibly ask a witness why he
    59        does not know something?  He does not even know whether it
    60        is so or not.