Day 049 - 09 Nov 94 - Page 12
1 the purpose of their ads.
2
3 MR. RAMPTON: I am sorry. I am not with this.
4
5 MR. JUSTICE BELL: I think the point is this, that it was the
6 sentence in Mr. Green's statement which we drew attention
7 to the other day, and it appeared to me that his statement
8 that children are never encouraged to ask their parents to
9 bring them to McDonald's was based on the fact that there
10 was never any exhortative language to that effect?
11
12 MS. STEEL: I am happy to deal with it, if----
13
14 MR. RAMPTON: I was only asking for clarification. If the
15 problem is the last sentence -- whether it be a purpose or
16 a main purpose might be a matter for argument, but I doubt
17 that -- if the proposition is that a point of the
18 advertising is to encourage children to encourage their
19 parents to take them to McDonald's, then of course that is
20 common ground; of course it is.
21
22 MR. JUSTICE BELL: It has become common ground.
23
24 MR. RAMPTON: It is common ground.
25
26 MR. JUSTICE BELL: I did not understand it to be common ground
27 to start with. Whether I am right or wrong about it, it is
28 common ground now. I thought you had some particular point
29 in mind.
30
31 But I have read that paragraph more than once now, and I
32 accept that it is part of Miss Gallatley's evidence. You
33 need not bring it out expressly, no.
34
35 MS. STEEL: (To the witness) You are quite happy for that to
36 remain as part of the evidence in writing?
37 A. Yes.
38
39 MR. JUSTICE BELL: What you say is that part of the advertising
40 is to encourage them to try and get their parents to take
41 them to McDonald's, and that is tantamount to exhorting; it
42 does not matter whether exhorting language is used or not?
43 That is the point you seek to make?
44 A. Yes, exactly.
45
46 MS. STEEL: You said that, in your experience, McDonald's do
47 exploit children. Can you explain what you mean by that?
48 A. What I mean is that, for example, with younger
49 children, the very heavy advertising, and consistent
50 advertising, using a character like ronald mcdonald, is
51 actually getting to very young children and making them,
52 really, get their mum or dad to take them to McDonald's.
53
54 So it is exploiting their incredulity, if you like, because
55 how are they able to differentiate between what is real and
56 what is not real at such a young age? How are they able to
57 differentiate between what is a healthy food, what is good
58 for them and what is bad for them at such a young age? In
59 my experience, I do not think that they can tell what foods
60 are going to do them good and how much food they should