Day 055 - 25 Nov 94 - Page 03

     1   MR. JUSTICE BELL:  I think it probably would be better if you
     2        express your own view.  You can say, by all means, that it
     3        is also the view of the National Food Alliance, or you can
     4        be asked if that is the view of the Alliance, after you
     5        have expressed your own, if you wish.
     7   MR. MORRIS:  Just before we go into the details, which maybe we
     8        should do in a very short minute, I think Mr. Miles said
     9        something -- a direct quote was:  "Interpretation is always
    10        a sensitive area."  Are the present guidelines, as they
    11        exist, open to a great deal of interpretation?
    12        A.  Yes.  Any guidelines or rules are going to be open to
    13        interpretation.
    15   Q.   Do you feel that the ITC interprets them in the way you
    16        would like -- these are the present guidelines ---
    17        A.  Yes.
    19   Q.   -- interpret them in the way that you would like to see
    20        them interpreted?
    21        A.  I believe that in a number of instances the
    22        interpretation that is generally put to a number of these
    23        rules does not adhere to the spirit of the Code.  That is
    24        also the view of the National Food Alliance and of the
    25        organisations that have endorsed the recommendations of
    26        "Children:  Advertisers' dream, nutrition nightmare?"
    28   Q.   If we just go to the present Code, not looking for the
    29        replacements at this stage which NFA have proposed and you
    30        may feel needed, as well.  If we look at the present Code,
    31        can you identify as we go through what you consider the
    32        spirit of the codes, the underlying spirit is, and whether
    33        you feel the ITC is imposing that spirit upon advertisers?
    34        So if we look at the child audience, number 1?
    35        A.  Yes.  Under point 1 in Appendix 1, the Code states:
    37        "At times when large numbers of children are likely to be
    38        viewing, no product or service may be advertised and no
    39        method of advertising may be used which might result in
    40        harm to them physically, mentally or morally."
    42        I believe that the cumulative effect of much food
    43        advertising does result in harm to children, in the sense
    44        that it encourages inappropriate nutritional practices
    45        which will have implications for children's health and
    46        their health in later life.  It goes on to say:
    48        "No method of advertising may be employed which takes
    49        advantage of the natural credulity and sense of loyalty of
    50        children." 
    52        I believe that many of techniques that are employed in 
    53        advertising aimed at children do take advantage of this
    54        credulity and sense of loyalty.  I think that,
    55        therefore  -----
    57   Q.   Does that apply to some of the McDonald's ads which you
    58        have seen?
    59        A.  Yes.  I talked yesterday about some of the techniques
    60         -- their use of characters is one example -- which I do

Prev Next Index