[401] in Vegetarian_Support_Group
McLibel update - long
daemon@ATHENA.MIT.EDU (elsiedee@MIT.EDU)
Tue Mar 14 01:10:24 1995
From: elsiedee@MIT.EDU
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Date: Tue, 14 Mar 1995 01:09:02 EST
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US McLibel Support Campaign, Press Office
c/o Vermonters Organized for Cleanup, Box 120, E.Calais VT 05640
802-586-9628 dbriars@world.std.com
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McLibel Summary for weeks 20-24
Background
Summary of weeks Twenty & Twenty-One
Theo Hopkins for the defense Forestry management
reduction of natural, 'old-growth' or ancient forests
environmental problems in countries which provided the
source for McDonald's packaging in North America and Europe:
USA & Canada
Czech Republic
Finland & Sweden
UK
Paper making a major threat to the forests
Usama Siddique and Stacey Stump, For McDonalds, Store managers
Residents associations' letters of complaint
The store was providing "something like 10,500 potential
items of litter" (such as bags, straws, cups and napkins etc)
every day
Claim they make "trash walks"
Colin McIntyre, for the defendants, Chelsea residents association
Since the McDonald's had opened, rubbish in his street had
got incredibly worse
McDonald's litter patrols are a joke
Increased traffic another problem
Professor Graham Ashworth, for McDonalds, Company funded "Tidy
Britain Group"
McDonald's were members of the TBG and had sponsored some of
its activities. This amounted to around #200,000 per annum.
McDonald's was in the "top 1 or 2%" of all companies whose
products end up as litter
Brief summary of weeks 22-24 (22nd February 1995)
David Walker, for McDonalds, McKey Foods-McD meat supplier
Beef from the rainforest
Secret beef imports continued
Bacteriological Contamination of beef products
John Atherton, For McDonald's, McDonald's Head of employee
Training,
Food Poisoning
Preston UK, Oregon, Michigan USA
McD keeps thier food poisoning expert out of court
Employee safety; worker killed by electrocution
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26th February, 1995
The McLibel Trial is open to members of the press and public most days
from 10.30 am (Court 35, Royal Courts of Justice, Strand, London WC2).
Ring 0171-713 1269 for details. It is set to run until at least
DECEMBER 1995, making it the longest libel trial in British history.
Background
A total of approximately 180 UK and international witnesses are giving
evidence in court about the effects of the company's advertising and
the impact of its operating practices and food products on the
environment, on millions of farmed animals, on human health, on the
Third World, and on McDonald's own staff. They include environmental
and nutritional experts, trade unionists, McDonald's employees, animal
welfare experts and top executives.
McDonald's have claimed that wide-ranging criticisms of their
operations, in a leaflet produced by London Greenpeace, have defamed
them, so they have launched this libel action against two people (Dave
Morris & Helen Steel) involved with the group. Prior to the start of
the case, McDonald's issued leaflets nationwide calling their critics
liars. So Helen and Dave themselves took out a counterclaim for libel
against McDonald's which will run concurrently with McDonald's libel
action.
Helen and Dave were denied their right to a jury trial, at McDonald's
request. And, with no right to Legal Aid in libel cases, they are
forced to conduct their own defense against the McDonald's team of top
libel lawyers.
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Summary of weeks Twenty & Twenty-One (11th - 18th January 1995),
Theo Hopkins, for the defense, Forestry management
Theo Hopkins, involved in forestry management and also an independent
researcher on the degradation and destruction of temperate and boreal
forests, gave evidence for the Defense on the damaging effects of
modern industrial forestry. This related to McDonald's use of
hundreds of thousands of tons of paper packaging in Europe and the
USA.
In general, he said, large scale commercial forest exploitation has
lead to the progressive reduction of natural, 'old-growth' or ancient
forests, which are still being logged all over Europe, North America
and elsewhere. This has generally continued despite protests and
official 'protection' measures. He explained how monoculture
plantations have tended to replace natural forests, but could not
match such forests in their biodiversity, or in social, ecological,
cultural or spiritual value. Therefore, they could not be described
as 'sustainable' forests, even under official international
guidelines.
The use by McDonald's of products utilizing paper from such forests
was, he said, 'self-evidently damaging to the environment'. Only
since the late 1980's has the forest industry publicly had to
recognize these problems, faced with publicity and pressure from the
public. In particular, in contrast to the ecologically rich natural
forests, plantations have very few tree species and less variety of
insects, fungi, animals, plants and birds. This is due not only to
the character of commercial plantations, but also to damaging
techniques of forest management - the effects of planting non-native
species, age uniformity, clear cutting, machine use, removing decaying
trees, etc. Mr Hopkins said that "in 1989/90, at the time of the
alleged libel, there was virtually no concern by government and forest
industry for ecological sustainability". Whilst some problems are now
being recognized, this has only just started to have some effect on
the 'forest floor'.
Mr Hopkins outlined some particular environmental problems in
countries which provided the source for McDonald's packaging in North
America and Europe:
USA & Canada - there is much logging and clear cutting of natural
forest;
Czech Republic - forests are being cut down faster than they can be
regenerated;
Finland & Sweden - very little ancient forest remains; hundreds of
species dependent on forest ecosystems are endangered by modern
forestry methods;
UK - since the Second World War, over 40% of what little ancient
woodland existed then has been felled, largely being replaced by
conifer plantations (which lead to acidification of watercourses).
Paper making a major threat to the forests Mr Hopkins quoted expert
concerns over the scale of world pulp production (which had 'increased
by 5 times over the last 40 years', being 'the major use of timber'
from managed forests), and the effect of pulp production 'due to the
highly polluting milling processes'. He said that, in order to
protect forests, the first priority is to reduce paper consumption,
especially in rich countries which consume vast quantities. He
explained that there are alternative plant sources of paper fiber (eg.
kenaf, hemp, bagasse, cotton waste...), often of better quality than
wood pulp, which could be used in significant quantities.
Usama Siddique and Stacey Stump, For McDonalds, Store managers
Usama Siddique and Stacey Stump, the former and current managers of
McDonald's, Kings Road, Chelsea, gave evidence about the problems of
company litter. They recognized there had been residents' complaints
about this over a number of years - complaints to the store,
McDonald's Head Office and to the local Council. This had continued
despite Mr Siddique laying on a 'candle-lit dinner' at the store for
local residents in order to try to have a 'good rapport'.
A file of dozens of residents associations' letters of complaint was
shown to the court. One series of complaints culminated in a letter
from Government Minister Nicholas Scott (local MP) to McDonald's
President Paul Preston.
Approximately 1,500 sales a day were take-away custom - around 50% of
the store's business, rising to 60% in the summer. The store was
providing "something like 10,500 potential items of litter" (such as
bags, straws, cups and napkins etc) every day. Mr Stump recognized
that "there is a lot of McDonald's litter" and admitted that there
were "times when the volume of business is so great and generates so
much litter that [the store] cannot effectively deal with it in the
course of a day". He also said "I have seen McDonald's litter in a
lot of places, not just around my restaurant".
Claim they make "trash walks"
Both managers claimed that 'trash walks' (litter patrols) to pick up
all litter around a set route of nearby streets were done
approximately every 30 minutes. (They claimed this had been done
since the store opened, and happened at every store). However, Mr
Siddique admitted 'there were occasions when it has been missed out'.
They agreed that much litter ended up far from the store, or in local
residents' basements, under cars or in bushes etc, where it would not
be picked up by a litter patrol. Mr Stump said they were "trying to
control the situation, not alleviate it 100%, that would not be
possible".
Both witnesses said the company placed cleanliness as a high priority,
however, the company 'Observation Checklists' for checking on
employees at work revealed that higher marks were given for "crew
person smiles...as often as possible" than for litter patrols.
Colin McIntyre, for the defendants, Chelsea residents association
Colin McIntyre, Press Officer of a Chelsea residents association and
former executive member of the National Union of Journalists gave
evidence for the defense on the problem of litter generated by
McDonald's. At the beginning of the nineties, when McDonald's planned
to open a store in Kings Road, Chelsea, local residents opposed the
plan (unsuccessfully), in part because they predicted it would create
litter problems.
Mr McIntyre said the problem of litter had come up regularly at
residents association meetings. He said that since the McDonald's had
opened, rubbish in his street had got 'incredibly worse' and stated "I
would say approximately 70% of litter is McDonald's". He produced
photos that he had taken as evidence, showing McDonald's litter in his
street and the surrounding area.
McDonald's litter patrols are a joke
Initially the company carried out litter patrols two or three times a
day, but this did not last. As part of it's application for a late
opening license, the company had assured the local council that
regular litter patrols were in operation. Mr McIntyre said that "this
was a blatant lie". He said that despite continuous complaints to
McDonald's, there had been no litter patrol down his street for two
and a half years. Apart from the council, the only people he had seen
picking up litter were his neighbors. He added "I have seen one
McDonald's litter cleaner, it was enough of a joke we all made a note
of it in our diaries - it was in August".
Mr McIntyre told how local residents associations were also angry
about the store causing increased traffic, noise and cooking smells
and how they eventually set up an action group to consider legal
action. "I object to litter in front of my house and in my basement"
he said. "I do not really see why I should be condemned to litter for
the rest of my life".
Professor Graham Ashworth, for McDonalds, Company funded "Tidy Britain
Group"
Professor Graham Ashworth, Director-General of the Tidy Britain Group
(TBG), gave evidence for McDonald's on the nature and extent of the
litter problem in the UK and the fast food chain's attitude to it. He
said that the TBG is an agency which is recognized and funded by the
government, but also is part funded by company sponsorship. He said
that McDonald's were members of the TBG and had sponsored some of its
activities. This amounted to around #200,000 per annum. They then
got the company logo on TBG leaflets. He declared that the TBG
declines sponsorship from companies whose activities 'were not
consistent' with the TBG's concerns. For example he said TBG had
declined sponsorship from the tobacco industry, because of health
implications. However, it had accepted sponsorship from Coca-Cola,
whose cans he agreed frequently appear to be "the most numerous on the
streets of Britain". Companies such as McDonald's became members of
the TBG by invitation if they had demonstrated a commitment to the
aims and objectives of the TBG. Coca Cola were also members, along
with Shell, who Professor Ashworth agreed had been convicted and fined
more than once for pollution incidents.
He admitted that the Tidy Britain Group had eventually changed its
name from the Keep Britain Tidy Group after "it had become apparent"
in the late 1970's and early 80's that Britain was no longer tidy. It
was, he said "strange to have an organization talking about keeping a
situation that did not exist". He also admitted that "the rise of
fast food business" was "certainly a factor" (note: McDonald's UK was
launched in 1974). He said that this was part of a 'great increase in
packaging' in general.
Professor Ashworth agreed that 'as much packaging waste as possible'
should be removed from the waste stream. He added that it was
'obvious common sense' that the order of priorities in dealing with
packaging and waste was
(1) prevention, (2) re-use, (3) recycling, (4) incineration
(preferably with energy recovery), and (5) landfill (note McDonald's
consumer packaging ends up in landfills or as litter).
Professor Ashworth accepted that "when there are planning
applications for new fast food stores (including McDonald's), litter
is regularly a concern of objectors". He agreed that McDonald's was
in the "top 1 or 2%" of all companies whose products end up as litter,
but he felt their 'litter patrols' could "only be responsible for a
percentage of [their customers' litter] which is dropped near their
store". He agreed that there were other problems with litter apart
from the fact that people don't like looking at it. For example
packaging, including polystyrene, "has been swallowed by animals in
mistake for food", causing the wildlife to starve to death. Litter
also ended up being blown from the streets into rivers and the sea.
As a result of the Environmental Protection Act 1990, local
authorities were now able to issue 'Street Litter Control Notices' to
force businesses to clean up their litter within 'a reasonable
distance' of their premises. In Germany, local authorities have the
power to levy a tax on companies on the use of disposable packaging -
Professor Ashworth revealed that similar legislation is now being
considered in the UK.
Brief summary of weeks 22-24 22nd February 1995
David Walker, for McDonalds, McKey Foods-McD meat supplier
David Walker, the Chairman and owner of McKey Foods gave evidence for
McDonald's. McKeys, a former subsidiary of McDonald's, has been the
sole supplier since 1978 of the company's UK hamburgers, now one
million per day.
Beef from the rainforest
Mr Walker admitted that he had personally organized the direct import
of 5 consignments of Brazilian beef for McDonald's UK stores in 1983/4
- - sold to them by the Vestey's plant at Barretos, Brazil. A letter
from Mr Walker to the managing director of Weddels (a Vestey
subsidiary) was quoted in court. It revealed that the imports were a
matter of great controversy. Mr Walker confirmed that he had written
the letter, which stated that Prince Philip, the President of the
World Wildlife Fund, had recently met George Cohen, President of
McDonald's Canada, and had said (quoting from the Walker letter
17/5/83): " 'So you are the people who are tearing down the Brazilian
rainforests and breeding cattle' to which the reply was: 'I think you
are mistaken', whereupon HRH said 'Rubbish' and stormed away".
Following this, the letter stated that Fred Turner, the Chairman of
the McDonald's Corporation, "issued a worldwide edict that no
McDonald's plant was to use Brazilian beef".
Secret beef imports continued
The same letter revealed that Bob Rhea, then Managing Director of
McDonald's UK, had given Walker permission to use the Brazilian beef
imports [the imports went through, and were kept secret from Prince
Philip, from the World Wildlife Fund, from the BBC (who were sued the
following year) and from Friends of the Earth (in meetings in 1985)].
The whole scandal only came to light due to a handwritten letter
mistakenly disclosed by McDonald's solicitors in a bundle of other
documents to the McLibel Defendants last year.
Bacteriological Contamination of beef products
Mr Walker explained how all raw beef supplies to McKey process plants
were sampled, microbiologically tested, and characterized as
'satisfactory', 'passable', and 'unsatisfactory'. He stated that
'unsatisfactory' related to beef which had a total colony of more than
10 million bacteria per gram. He then admitted that such consignments
were, in fact, not rejected and were used for McDonald's hamburgers.
On top of this, he claimed that any raw meat supplies arriving at over
4 degrees centigrade would receive 'a cast iron rejection'. But on
being challenged with McKeys own forms showing acceptance of beef
arriving over 4:C, he admitted this happened and explained that
instead "the quality control officer receiving the meat would make a
management decision which was right for the company".
John Atherton, For McDonald's, McDonald's Head of employee Training,
John Atherton, McDonald's Head of Training, gave evidence as the
person responsible for the health and safety of all the company's
employees and customers.
Food Poisoning
Mr Atherton admitted that McDonald's receives between 1500-2750
customer complaints of food poisoning a year, maybe more than that.
The company also received complaints of 'foreign bodies' in food sold.
Mr Walker had estimated 800 complaints regarding hamburgers, mostly
concerning bits of plastic. Mr Atherton stated it was 'slightly more'
for chicken, mostly concerning pieces of bone.
Preston UK, Oregon, Michigan USA
The court heard how the company now admitted responsibility for a
serious food poisoning outbreak in Preston in 1991, when several
customers were hospitalized as a result of eating burgers contaminated
by potentially deadly E.Coli 0157H bacteria. They also admitted
responsibility for a similar outbreak in 1982 caused by the same type
of bacteria, which affected 47 people in Oregon and Michigan, USA.
McD keeps thier food poisoning expert out of court
Note: McDonald's have refused to call their own expert witness on food
poisoning, Colin Clarke, who prepared a detailed report following a
visit he made to three company stores. The court heard that,
regarding the cooking of hamburgers (which he had tested), Mr Clark
"recommends that 73:C be the internal minimum temperature of the final
product, and that their temperatures were not reaching that in all
cases. The minimum was, in fact, 70:C."
Employee safety; worker killed by electrocution
On October 12th 1992, Mark Hopkins, a McDonald's worker in Manchester,
was electrocuted on touching a 'fat filtering unit' machine in the
'wash-up' area of the store. A McDonald's memo from the north west
region dated 17/2/92, was quoted which revealed that "there have been
several recent instances in our restaurants where members of staff
have received severe shocks from faulty items of electrical
equipment". Following an investigation of the death, the Manchester
Environmental Health Department issued a Prohibition Order forcing
McDonald's to install 'Residual Current Devices' on all electrical
equipment in wash-up areas. In their view, accepted by Mr Atherton,
without such devices there was 'a risk of serious personal injury'.
The devices were fitted nationally following Mr Hopkins' death.
Government report critical of McD safety
In 1991/2, the Accident Prevention Advisory Unit of the Health &
Safety Executive had made a confidential and extensive investigation
into the safety of McDonald's employees' working conditions, producing
a 70 page report with 23 recommendations for improvements. It was
highly critical of McDonald's policy of getting staff to 'hustle', ie.
work at speed. The Defendants quoted McDonald's Crew Training Program
which stated "When do you use hustle? (All the time)". The HSE report
concluded: "the application of McDonald's hustle policy in many
restaurants was, in effect, putting the service of the customer before
the safety of employees'.
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Campaign Statement: The McLibel Support Campaign was set up to
generate solidarity and financial backing for the McLibel Defendants,
who are not themselves responsible for Campaign publicity. The
Campaign is also supportive of, but independent from, general,
worldwide, grassroots anti- McDonalds activities and protests.
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U.S. McLibel Support Campaign Press Office
c/o Vermonters Organized for Clean-up
Box 120, East Calais VT 05650 Phone 802-568-9628
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