Day 206 - 22 Jan 96 - Page 04

     
     1        contend) he does not have sufficient expertise.  He has
     2        been quite candid in some way about that himself, in
     3        accepting that he does not necessarily have the expertise
     4        to come up with such a judgment.
     5
     6        What, also, is not clear from his further statement is
     7        which particular additives he is talking about when he
     8        cites a study.  Occasionally, he will refer to, for
     9        example, BHA and BHT, which are two of the additives we
    10        have been talking about in this case, but on other
    11        occasions he seems to be talking (as he was, it would
    12        appear, when we first came) about additives in general.
    13
    14        Also, he, for example, will make reference to tartrazine
    15        which, so far as I can recall and so far as I can see from
    16        the transcripts, is not something that is in issue in this
    17        case and certainly is not one of the additives that appears
    18        in the abstract pleadings.  Therefore, it does not seem to
    19        have any relevance to this case at all.  So, in essence,
    20        what is essentially -----
    21
    22   MR. JUSTICE BELL:  I see tartrazine on page 5.
    23
    24   MR. ATKINSON:  That is right.
    25
    26   MR. JUSTICE BELL:  Where are the other ones?
    27
    28   MR. ATKINSON:  The reference to tartrazine on page 4, for
    29        example, at the top of page 4, at the bottom of the first
    30        paragraph, he says:  "The CoT suggested that between 0.03%
    31        and 0.15% of the population may be intolerant to food
    32        additives in general, and between 0.01% and 0.1 % of the
    33        population may be intolerant of tartrazine (E102)."
    34
    35   MR. JUSTICE BELL:  Tartrazine was not one of the -----
    36
    37   MR. ATKINSON:  What is certain is that it is not one of the ones
    38        that is pleaded in the abstract pleadings and it is not one
    39        of the ones, accordingly, Dr. Millstone dealt with, which
    40        is obviously ------
    41
    42   MR. JUSTICE BELL:  Where are the ones -- because I have read
    43        this through, but I had not picked up where the particular
    44        references were -- where are the references to other
    45        specific additives?  Do you have a note of those?
    46
    47   MR. ATKINSON:  I will try to help your Lordship, so far as
    48        I can, on that.  On page 3, there is a reference to the
    49        antioxidants BHA and BHT.  That is in the middle of page 3
    50        in that statement.  Also, there is a ----- 
    51 
    52   MR. JUSTICE BELL:  That is very general. 
    53
    54   MR. ATKINSON:  Yes.  There is another reference, your Lordship,
    55        to tartrazine towards the bottom of page 4, where he
    56        says: "Juhlin estimates that approximately 0.06% of the
    57        population respond asthmatically to tartrazine."
    58
    59        Asthma and eczema, so far as I can see, appear certainly in
    60        the list of symptoms that are relied on in the abstract