Day 293 - 04 Nov 96 - Page 07


     
     1   MR. MORRIS:   And all the rest of non-Persico, what I was saying
     2        is that all the non-Persico material needs to be added in
     3        when we are calculating the total paper usage.  Which that
     4        took us quite a lot of while of cross-examination before we
     5        understood what that was all about, that the figures were
     6        inadequate.
     7
     8        Yes, 58 was another point that none of the food product
     9        transportation packaging was included in the figures.  And
    10        he said on page 58, line 39, volume of transport packaging
    11        for food items was "much greater than the transport
    12        packaging for the packaging items" , which is not
    13        surprising, you would expect.  It did not give a figure,
    14        and you would have expected it to be much greater for the
    15        food items, the packaging around the food items that are
    16        delivered to the stores, and that is not considered in any
    17        of the calculations because presumably it is not delivered
    18        by Persico.
    19
    20        59, the chart shows nearly all Euro items recycled.  I
    21        could not find the chart in my documents but we referred to
    22        it and it was accepted that virtually all the European
    23        items 1991, 1992, if they had any recycled content it was
    24        post industrial, i.e., it was not, we consider, recycled.
    25
    26        Then it says, 66.4, "judge can see our point on difference
    27        between post-consumer and post-industrial for what the
    28        customer expects".  I am quite relieved to go through the
    29        notes to see there is nothing too embarrassing in them, I
    30        did not do them for handing over.
    31
    32        67, no law required, there is no law opposing recycled
    33        paper or polystyrene next to food except in Scandinavia.
    34        That deals with that.
    35
    36        I might as well carry on going through this.  Day 63, just
    37        the first one, page 7, they say that 90 percent of in-store
    38        waste is recycled in Holland.  We say that only emphasises
    39        the fact that it is possible to do it in all their
    40        countries.  Then over the page, day 13, page 13, there was
    41        an admission - I can't remember what document it was,
    42        McDonald's US was preempting laws on the non-post-consumer
    43        logos.  There was basically an admission that they were
    44        aware that laws would be brought in to prevent the use of
    45        recycled logos when it did not contain substantial amounts
    46        of post-consumer content.
    47
    48   MR. JUSTICE BELL:  What do you mean preempting laws?
    49
    50   MR. MORRIS:   They actually used the word themselves.  I can't 
    51        remember which document it was.  It is obvious from the 
    52        text.  What I am saying is that they ---- 
    53
    54   MR. JUSTICE BELL:   What they got in first with their name you
    55        mean?
    56
    57   MR. MORRIS:   They wanted to get in first before it became law
    58        presumably so they could claim moral high ground, which
    59        I think is also a kind of industry tactic, to argue for
    60        voluntary codes rather than laws, which obviously gives

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