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
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
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