Day 048 - 08 Nov 94 - Page 58

     
     1        the number of fifteen year olds in an area, ones up to
     2        fifteen with those above, there would be more than one of
     3        the former to ten of the latter but probably what one is
     4        really comparing is the number between the age of two and
     5        nine compared with those who are sixteen and over and
     6        therefore, the proportion is----
     7
     8   MR. RAMPTON: If Your Lordship were interested sufficiently in
     9        it, I have no doubt that we could get a document from Leo
    10        Burnett telling us exactly what those figures do mean.
    11
    12   MR. JUSTICE BELL: I think it is up to the parties to decide,
    13        what if any further information.  At the end of the day I
    14        will look at whatever is being put in front of me.
    15
    16   MR. RAMPTON: Well now, Mr. Hawkes, one final matter and that is
    17        this, you should have now - I don't know - perhaps you have
    18        got it loose still, the existing ITC Code and the proposed
    19        new draft. Are they both still loose?
    20        A.  Yes.
    21
    22   Q.   You can dispense with the pink file if you want, if it is
    23        easier for you?  I will do the same. Now, what I would like
    24        you to do is to look please at the actual code, the
    25        existing one first of all.  I have not got one because you
    26        have got mine. Can you pass it back to me?  I know this is
    27        terribly laborious.
    28
    29   MR. JUSTICE BELL: Take mine, Mr. Hawkes, will you, for the
    30        moment?  That is the existing code.
    31
    32   MR. RAMPTON: This is the existing code and I would like you to
    33        turn to what is page 13, in fact - Health and Hygiene - we
    34        see that it is number 11.
    35
    36        "Advertisements must not encourage children to eat
    37        frequently throughout the day. Advertisements must not
    38        encourage children to consume food or drink, especially
    39        sweets or sticky food near bed time. Advertisements with
    40        confectionery or snack foods must not suggest that such
         products may be substituted for balanced meals."
    42
    43        I think you told us when you gave evidence earlier in this
    44        case that all your advertisements were pre-vetted by the
    45        ITC?
    46        A.  That is correct.
    47
    48   Q.   They look at the script and then the completed
    49        advertisement?
    50        A.  Yes. 
    51 
    52   Q.   Bearing in mind the provisions of that code as it still 
    53        applies, does it not?
    54        A.  Yes, it does.
    55
    56   Q.   Are you able to tell us how often, if ever, any of your
    57        advertisements in the last five or six years has been
    58        rejected by the ITC?
    59        A.  I can not recall of any commercials that have been
    60        rejected, certainly not on these grounds.