Day 293 - 04 Nov 96 - Page 03

     
     1        animals.
     2
     3   MR. JUSTICE BELL:   Very well.  I will not change the terms of
     4        my ruling, because the end result is the same anyway in the
     5        way it should arise.
     6
     7   MR. MORRIS:   Right.  Okay.  I want to read out the admissions
     8        before I forget, such as they are.
     9
    10        These admissions, two admissions made in May 1994 by the
    11        Plaintiffs.  The first one in Portland, Oregon, USA, 1989,
    12        1990.  The Portland authorities enacted an anti-styrofoam
    13        statute.  McDonald's took the municipal government to court
    14        but lost the case.
    15
    16        The second one was in Australia 1989.  McDonald's had to
    17        give a written undertaking to the Australian Trades
    18        Practice Commission not to re-use advertisements which had
    19        incorrectly stated that their packaging made with HCFCs was
    20        "ozone friendly".
    21
    22        The other thing is, before I go on to my note, you asked me
    23        if I could find any material where McDonald's were claiming
    24        something was recycled and there may be an element of
    25        deceptiveness.  I did not have much chance.  What I did,
    26        was I got out the pile of packaging we were given in a
    27        great big paper bag and I noticed that virtually all the
    28        cartons were advertised as recycled paper.
    29
    30   MR. JUSTICE BELL:   That is the one which has seven items of
    31        wrapping, is it?
    32
    33   MR. MORRIS:   No, it was more than that.  All the McDonald's
    34        packaging, about 30 different items or something, in a huge
    35        paper bag.
    36
    37   MR. RAMPTON:   If your Lordship would like it back, it has
    38        somehow or another sneaked off to Barlow Lyde and Gilbert,
    39        but we can get it back.  We had to clear the court.
    40
    MR. JUSTICE BELL:  I think I have it, when I come to go away.
    42
    43   MR. RAMPTON:   I do too.
    44
    45   MR. JUSTICE BELL:  This is not a dig, I have inspected some
    46        packaging which I have found beneath my feet -----
    47
    48   MR. RAMPTON:   As long as your Lordship did not put it there, it
    49        does not matter.
    50 
    51   MR. JUSTICE BELL:  No, no, I did not pick it up but I pause to 
    52        contemplate it.  This is an exhibit which has exhibit which 
    53        has about 30 items of packaging has it not?
    54
    55   MR. MORRIS:   It is one large paper bag full of McDonald's
    56        standard packaging.
    57
    58   MR. JUSTICE BELL:  Yes.
    59
    60   MR. MORRIS:   Which I think was handed in during some of the