Day 299 - 13 Nov 96 - Page 04

     
     1        opposite.
     2
     3        Can I just say, I am still really confused as to exactly
     4        which things the Plaintiffs are still complaining about and
     5        which bits we do not need to worry about.
     6
     7   MR. JUSTICE BELL:   Well, I think, at the moment, the meaning is
     8        as they have set it out in their statement of claim and
     9        I think you have got to treat that as being something which
    10        they say is wrong.
    11
    12   MS. STEEL:   Right.  But in terms of 'I', I couldn't remember
    13        whether 'I' was now accepted or what, "they used gimmicks
    14        to cover up for the fact that the food is low quality and
    15        in order to ensure that it looks the same throughout the
    16        world", et cetera.
    17
    18   MR. RAMPTON:   We are certainly not accepting that.  It would be
    19        quite wrong.  All I think I have said about it, I cannot
    20        really remember, it does not look to me as though it is as
         serious as some of the other allegations about advertising
    22        like 'J' and 'K'.
    23
    24   MS. STEEL:   Right.  Okay, so it is still in there then?
    25
    26   MR. JUSTICE BELL:   Yes.
    27
    28   MS. STEEL:   Well, going to the leaflet then, the gimmickry is
    29        covered in "getting the chemistry right" box.  It refers to
    30        stripey staff uniforms, flashy lighting, bright plastic
    31        decor, happy hats, muzac, are all part of the gimmicky
    32        dressing up of low quality food.
    33
    34        Now, I don't suppose there is any dispute at all that
    35        McDonald's use stripey staff uniforms.  I am not quite sure
    36        what flashy lighting is, actually.  I presume it is bright
    37        light, but perhaps that is neither here nor there.
    38
    39        Bright plastic decor, I don't think there, I cannot
    40        imagine, there is any disagreement with that.  I mean, they
         have got bright plastic decor on the front of every store,
    42        with the McDonald's logo on it in red and yellow.  Happy
    43        hats, I think they have accepted are widely in use
    44        throughout all stores.
    45
    46        I do not know whether muzac has specifically come up,
    47        although it is actually mentioned in the survey that I was
    48        referring to on Monday, the Fairgrieve survey.  It is clear
    49        that they do use music, or muzac, throughout the stores and
    50        what is described as the gimmicks.  And obviously, gimmick
    51        is something of a matter of opinion and, well, I just think
    52        that that is that, really.
    53
    54        Further on the subject of gimmicks, in the second column,
    55        under the toy food section, it refers to "not a lot of
    56        children are interested in nutrition and even if they were
    57        all the gimmicks and routines with paper hats and straws
    58        and balloons hide the fact that the food they are seduced
    59        into eating...", and so on.  So, obviously, in gimmickry is
    60        included straws and balloons on top of all the things