WEBVTT - #2037 The Toddler Milk Scam - David Gillespie

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<v Speaker 1>I get a team.

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<v Speaker 2>It's the project. That's you at s Glespo, It's Harps,

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<v Speaker 2>it's Cookie. It's that time of the fortnight where the

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<v Speaker 2>great man from the Banana State, the Sunshine State drops

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<v Speaker 2>by and just bloody blows us away with his great,

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<v Speaker 2>big fucking brain and his questionable attitude. Loves TIF, hates me,

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<v Speaker 2>tolerates me anyway. That's the price. That's the price we pay.

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<v Speaker 2>We'll start with the world famous international, well traveled speaker

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<v Speaker 2>that is TIF. Cook will say a low to her,

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<v Speaker 2>the one with all the issues.

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<v Speaker 1>Hello Cookie, plenty of issues, but hello, Hello, Craig Anthony.

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<v Speaker 2>Harper, issues for days and you and I did a

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<v Speaker 2>podcast yesterday and there was one funny bit that we

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<v Speaker 2>had to leave out because of the potential lawsuits that

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<v Speaker 2>would have come our way. I did mention that it

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<v Speaker 2>was a zinger, and you sorry, David, I'll be thirteen seconds.

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<v Speaker 2>You did want to know what the zing? Can you

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<v Speaker 2>just confirm to the listeners that it was, in fact, hilaris, I.

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<v Speaker 1>Would like it was an absolute zinger.

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<v Speaker 2>Indeed, we'll tell David when we finished. We'll tell David.

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<v Speaker 1>Yeah, you better, Bloody will tell me. Yeah, it's been

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<v Speaker 1>going on about it. It's sad that political correctness is

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<v Speaker 1>a thing, because gee, it was good. Yeah.

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<v Speaker 2>Yeah, we were having fun and I was on a

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<v Speaker 2>bit of a role. I was already right at the

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<v Speaker 2>fucking edge. I was just I was just at the

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<v Speaker 2>edge of what is probably okay. And there was one

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<v Speaker 2>that was just would have been the icing on the

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<v Speaker 2>politically incorrect cake. Ah, But for some unknown reason, I

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<v Speaker 2>showed great restraint and but I'll share it with you.

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<v Speaker 2>But it would have been a fucking killer. But I

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<v Speaker 2>would have got a few emails. But anyway, I didn't.

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<v Speaker 2>How are you, David?

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<v Speaker 1>Yeah, all right, for a Wednesday?

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<v Speaker 2>What's going what's going on? Why are we doing it?

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<v Speaker 2>This at seven o'clock. Not that I'm not grateful. I'm

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<v Speaker 2>always grateful. Did you have a date earlier or something?

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<v Speaker 1>It's no, no, no, I just I have to it's boring.

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<v Speaker 1>I won't bore you with it. I had something else

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<v Speaker 1>on that had to be done.

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<v Speaker 2>Your actual job. Get in the road of this fullshit.

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<v Speaker 1>That's all right, Yeah, but this is Yeah. I thought

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<v Speaker 1>we might have a bit of a chat today about

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<v Speaker 1>baby food. What do you reckon?

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<v Speaker 3>Yeah, well, it's somebody told me about it earlier today?

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<v Speaker 3>Did you read David's article on formula is a formula?

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<v Speaker 3>Baby food formula? And then I went to try to

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<v Speaker 3>find it, and I definitely went to the wrong place,

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<v Speaker 3>and I thought it must be an old one, but

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<v Speaker 3>it's not.

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<v Speaker 2>You wrote it today, the Great baby food Scam. That's

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<v Speaker 2>not your title, that's mine.

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<v Speaker 1>Tell us, Okay. So we briefly talked about this a

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<v Speaker 1>little while ago when we talked about I think it

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<v Speaker 1>might have been been the last time, and we talked

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<v Speaker 1>about the immunity advantages for breast fee eating mothers, so

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<v Speaker 1>the immunity advantage that's given to their children, and I

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<v Speaker 1>think you asked right at the end of it about

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<v Speaker 1>you know, what what does this mean for women who

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<v Speaker 1>can't breastfeed and so on, And we talk briefly about

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<v Speaker 1>the fact that the very much the preferred thing is

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<v Speaker 1>that women breastfeed if they possibly can, preferably for twelve.

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<v Speaker 2>Th sorry, also my bad. We're talking about reduced incidents

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<v Speaker 2>of certain or potential correlations with disease were lower for

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<v Speaker 2>women who breastfeed first, that's right, yeah, yeah.

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<v Speaker 1>And for their children as well. So they're undoubted, undoubted

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<v Speaker 1>advantages to breastfeeding, and so you know, reiterate once again,

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<v Speaker 1>if women can possibly breastfeed, then A they should do it,

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<v Speaker 1>and b they should do it for as long as

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<v Speaker 1>they can, preferably twelve months. I know twelve months is

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<v Speaker 1>to be asked, but if you can at all manage it,

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<v Speaker 1>then it's the advantages not only for the baby, which

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<v Speaker 1>are huge, but also for the mother significant as well. Now,

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<v Speaker 1>because of that, the World Health Organization in nineteen ninety

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<v Speaker 1>two major pronouncement that said that essentially and also asked

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<v Speaker 1>formula manufacturers as a result of some quite nasty marketing

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<v Speaker 1>techniques that were going on, particularly with Nesle in Africa,

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<v Speaker 1>where they were just basically encouraging women who are quite

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<v Speaker 1>capable of breastfeeding to use formula using god knows what

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<v Speaker 1>water that they found to mix with it and obviously

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<v Speaker 1>processed by the mother's body and then delivered. Is much much,

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<v Speaker 1>much safer in those circumstances than mixing milk powder with

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<v Speaker 1>water where the waters of dubious origin. So there were

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<v Speaker 1>some big scandals about that. World Health Organization ninety ninety

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<v Speaker 1>two came to a historic agreement with a lot of

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<v Speaker 1>the world's formula manufacturers and came out with a statement

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<v Speaker 1>that said rest is best basically, and everyone's going to

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<v Speaker 1>agree that, and a lot of the manufacturers said that

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<v Speaker 1>they would put things to that effect on their websites

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<v Speaker 1>and put out press releases to that effect and make

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<v Speaker 1>sure that they didn't encourage women to use formula during

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<v Speaker 1>the first twelve months. Now, how that translated into Australian

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<v Speaker 1>law is quite interesting because what happened here is the

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<v Speaker 1>ahable C, who are our regulator for competition, basically had

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<v Speaker 1>a gentleman's agreement with the big Australian manufacturers that they

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<v Speaker 1>would not advertise formula. So what's called infant formula or

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<v Speaker 1>stage is one and two, which is six months and

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<v Speaker 1>twelve months the first six months and then follow on

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<v Speaker 1>which is the twelve months. They wouldn't advertise that in

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<v Speaker 1>the Australian market. And while that the Australian Competition Commission

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<v Speaker 1>would normally be against people agreeing not to advertise things

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<v Speaker 1>because that's anti competitive and they want people to compete,

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<v Speaker 1>they felt that the benefit of this, in accordance with

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<v Speaker 1>the World Health Organization's pronouncement, was was worth the effect

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<v Speaker 1>on competition, and so they had this gentleman's agreement with

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<v Speaker 1>all the big manufacturers, we're okay with you agreeing not

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<v Speaker 1>to advertise this, and we in fact want you to

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<v Speaker 1>not advertise this. And that was the way it's been

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<v Speaker 1>for the last thirty years, where the big manufacturers have said,

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<v Speaker 1>we are not going to advertise formula because we don't

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<v Speaker 1>want to talk people out of breastfeeding, except there's been

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<v Speaker 1>a loophole you could drive a truck through in this,

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<v Speaker 1>which is there was absolutely nothing to stop them doing

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<v Speaker 1>exactly what they did do, which was create essentially sugar milk,

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<v Speaker 1>call it Stage three formula, branded exactly the same as

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<v Speaker 1>the Stage one and two that they were not going

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<v Speaker 1>to advertise, and then advertise the hell out of it.

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<v Speaker 1>So what they did was say, yeah, yeah, we agree,

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<v Speaker 1>we're not going to advertise formula. We're not going to

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<v Speaker 1>go out and compete with breastfeeding, not going to do that,

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<v Speaker 1>all perfectly fine, and they haven't. They haven't advertised infant formula.

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<v Speaker 1>What they have advertised heavily is tins of staff that

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<v Speaker 1>look identical and I mean identical to that those formulas

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<v Speaker 1>and said, but we'll advertise that, ah, but it's not this,

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<v Speaker 1>it's not we're not advertising the infant formula. We're advertising

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<v Speaker 1>toddler milk. Now, toddler milk is skim milk plus sugar. Okay,

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<v Speaker 1>has zero nutritional benefit whatsoever. But it's advertised heavily on

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<v Speaker 1>television anywhere you want to look, and it is also

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<v Speaker 1>branded exactly the same. So is what does someone do

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<v Speaker 1>when they go to the supermarket and they see the

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<v Speaker 1>tins there and there's the infant formula and the toleert milk,

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<v Speaker 1>and it all looks it's exactly the same. Yeah, they

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<v Speaker 1>go ahead and buy the infant formula, thinking, oh, all

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<v Speaker 1>these health benefits blah blah blah that they're talking about,

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<v Speaker 1>that's fine. And so effectively what they've done is create

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<v Speaker 1>a half billion dollar industry out of doing what they

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<v Speaker 1>promised not to do. And this year the A Trible

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<v Speaker 1>C said enough's enough, mate, enough's enough. We're not going

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<v Speaker 1>with this anymore. Okay, you're not abiding by the spirit

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<v Speaker 1>of the agreement. It's over. Our handshake deal is out

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<v Speaker 1>the window. So the A Triple C said that earlier

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<v Speaker 1>this year, and the federal government has said, yeah, we agree,

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<v Speaker 1>we're going to We're actually going to it's no longer voluntary.

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<v Speaker 1>We're going to introduce laws that stop you doing this.

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<v Speaker 2>Can I just interject for one secon because I'm a

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<v Speaker 2>sixty year old man who knows fuck all about toddlers.

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<v Speaker 2>Is a toddler like two years plus?

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<v Speaker 1>Is that at all? What they agreed not to advertise

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<v Speaker 1>too was anything under one because the stuff fed to

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<v Speaker 1>children under the age of one is very very heavily regulated,

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<v Speaker 1>so you can't fill it with sugar. It's got to

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<v Speaker 1>be exact formula within exact ranges, so it's very heavily regulated,

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<v Speaker 1>particularly in Australia, and they agreed they wouldn't advertise that

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<v Speaker 1>because it's meant to be an alternative to breastfeeding only

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<v Speaker 1>when breastfeeding is not possible, so they didn't. They haven't

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<v Speaker 1>advertised with that, But what they do is they call

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<v Speaker 1>it so formulas are broken up into what's called stage

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<v Speaker 1>one and stage two. Stage one is the first six

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<v Speaker 1>months has a very particular formula associated with it. Stage

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<v Speaker 1>two is what's called supplemental feeding, which is by six

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<v Speaker 1>months the child should be having some solids, and so

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<v Speaker 1>the formula that has fed to them changes to give

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<v Speaker 1>them different things in the second six months. So that's

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<v Speaker 1>Stage two formula. Now, what the food companies did is

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<v Speaker 1>invent something that didn't exist, and they've branded it as

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<v Speaker 1>Stage three formula, and what that means is from twelve

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<v Speaker 1>months onwards, and then also from Stage four formula, which

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<v Speaker 1>I think is from eighteen months or two years on now.

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<v Speaker 1>Stage three and four formula are sugar and skim milk powder. Okay,

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<v Speaker 1>they're not formula at all, but you wouldn't know that

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<v Speaker 1>from looking at them. So if you have a look

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<v Speaker 1>at the article that I've read, I've actually put up

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<v Speaker 1>some comparative shots of one of the brands and I

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<v Speaker 1>just picked one at random, at the optimal, which is

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<v Speaker 1>one that's sold in Australia. I've put their Stage one

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<v Speaker 1>and their Stage three side by side, and I defy

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<v Speaker 1>you aside from the one and the three to tell

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<v Speaker 1>the difference. Right, they're identical, So the branding, the marketing,

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<v Speaker 1>it's all identical. And that's the bit that the A

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<v Speaker 1>Trip will see has a problem with. Yes, they're saying

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<v Speaker 1>this is not the spirit of what we agreed. You

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<v Speaker 1>are effectively advertising because you're using identical branding, and the

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<v Speaker 1>government has agreed with them and said yes, that's not

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<v Speaker 1>on we you know, the gentleman's agreements out the door.

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<v Speaker 1>We're going to legislate and you're not going to win.

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<v Speaker 2>When is this going to be enforced, like when it's.

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<v Speaker 1>Well yes, well you know, in the fullness of time, Craig.

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<v Speaker 2>Oh, you sounded like a lawyer.

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<v Speaker 1>Then yeah, they're gonna They're gonna do it. The Age

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<v Speaker 1>will See made its decision early this year. The government

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<v Speaker 1>has said it's within their legislative time frame. I'm not

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<v Speaker 1>sure what that means. It hasn't happened yet, let's just

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<v Speaker 1>say that, but there's intent there now. The reason I

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<v Speaker 1>even looked at this now, besides our excellent conversation earlier

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<v Speaker 1>about it, was there's a case. It's made some big

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<v Speaker 1>waves in the United States. Well, two cases in the

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<v Speaker 1>United States that made some big ways. One that fail

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<v Speaker 1>held dramatically, and it's interesting for why it failed, which

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<v Speaker 1>was a case of a person suing a big food

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<v Speaker 1>essentially suing the big food manufacturers for his diabetes. So

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<v Speaker 1>had diabetes, got diabetes from the age of sixteen, type

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<v Speaker 1>two diabetes, and suing the food manufacturers and saying you

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<v Speaker 1>cause this, so it's like cigarette smoking. Therefore you owe

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<v Speaker 1>me for the health tream.

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<v Speaker 2>Of particular manufacture, any particular manufacturers.

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<v Speaker 1>Or and that's the problem right there. Good old Judge

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<v Speaker 1>Harper on the bench has has nailed it immediately, nailed

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<v Speaker 1>it immediately. Why his lawyers didn't nail it immediately is

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<v Speaker 1>beyond me. The case. So the two in particular that

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<v Speaker 1>he sued were Craft and Heinz, I think, but there

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<v Speaker 1>were others joined as well, so the case was Martinez

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<v Speaker 1>versus Craft, heins. Of course I put the link in

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<v Speaker 1>the in the article for anyone who wants to read lawcue.

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<v Speaker 1>And it was being billed as really the first of

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<v Speaker 1>the sort of like big tobacco type cases. You know,

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<v Speaker 1>the punter you know, smoked all their lives, dying of

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<v Speaker 1>lung cancer. This is the same thing, but with type

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<v Speaker 1>two diabetes and FATI liver disease. So he's nineteen, he's

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<v Speaker 1>had diabetes since he was sixteen, he says, and he's

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<v Speaker 1>suing them and saying, you people cause this. The judge

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<v Speaker 1>dismissed it for the reasons you would have guessed first,

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<v Speaker 1>what exactly was it that caused this? You know, he's

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<v Speaker 1>saying he's got eleven defendants, Craft, Heinz, Coca, Cola, PepsiCo,

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<v Speaker 1>et cetera, one hundred of their brands, Oreo's, Ritz, Gerber Chocolates,

0:13:46.040 --> 0:13:49.040
<v Speaker 1>et cetera in the United States. So it didn't name,

0:13:49.160 --> 0:13:51.960
<v Speaker 1>it didn't nail a specific product or even a specific

0:13:52.200 --> 0:13:56.440
<v Speaker 1>ingredient in the product that was supposed to have caused

0:13:56.440 --> 0:14:03.120
<v Speaker 1>his diabetes. And also, who you know, there's loads of

0:14:03.160 --> 0:14:07.160
<v Speaker 1>potential defendants making loads of products. And this was the

0:14:07.200 --> 0:14:09.840
<v Speaker 1>big problem with a lot of the early cigarette cases

0:14:09.880 --> 0:14:13.400
<v Speaker 1>in the sixties and seventies is people would say, I'm seventy,

0:14:13.440 --> 0:14:17.000
<v Speaker 1>I'm dying of lung cancer. The smokes caused it, and

0:14:17.160 --> 0:14:20.160
<v Speaker 1>courts would say, well, maybe you're right, but which smokes?

0:14:20.200 --> 0:14:26.000
<v Speaker 1>Did you smoke the same cigarettes your entire life? You know, No,

0:14:26.240 --> 0:14:28.120
<v Speaker 1>I didn't. I changed from that brand to that brand

0:14:28.120 --> 0:14:30.600
<v Speaker 1>of that brand. I smoke whatever I could get. Well,

0:14:30.600 --> 0:14:32.960
<v Speaker 1>there you go. Your case is toast. And that's what's

0:14:33.000 --> 0:14:36.400
<v Speaker 1>happened here as well, which is establishing causation what it's

0:14:36.440 --> 0:14:41.040
<v Speaker 1>called in law, is really difficult where you can't say

0:14:41.120 --> 0:14:46.280
<v Speaker 1>for certain was it that person's product that caused this disease. Now,

0:14:46.320 --> 0:14:49.320
<v Speaker 1>the science is really clear that if you consume vast

0:14:49.320 --> 0:14:52.480
<v Speaker 1>amounts of sugar over an extended period of time, you

0:14:52.560 --> 0:14:57.800
<v Speaker 1>will likely contract type two diabetes, fatterly liver disease, hard disease,

0:14:57.840 --> 0:15:02.760
<v Speaker 1>a whole raft of things. Okay, but sugar is in everything,

0:15:03.240 --> 0:15:05.640
<v Speaker 1>So who are you going to tool if you're going

0:15:05.720 --> 0:15:10.280
<v Speaker 1>to go after them. Much more likely to succeed are

0:15:10.280 --> 0:15:15.920
<v Speaker 1>cases where you've got a really controlled food environment. So

0:15:16.000 --> 0:15:20.480
<v Speaker 1>for example, if you're in the baby, yes, or we'll

0:15:20.480 --> 0:15:22.880
<v Speaker 1>get to the baby. But in the military, for example,

0:15:23.880 --> 0:15:26.280
<v Speaker 1>if you've been in the military since the age of eighteen,

0:15:26.360 --> 0:15:28.720
<v Speaker 1>you've been there thirty years, they've been feeding you everything

0:15:28.760 --> 0:15:33.240
<v Speaker 1>that you eat, then they are probably responsible for anything

0:15:33.280 --> 0:15:35.880
<v Speaker 1>that is caused as a result of whatever you eat.

0:15:36.560 --> 0:15:39.040
<v Speaker 1>At least there you've got a defendant. Now, there might

0:15:39.080 --> 0:15:40.840
<v Speaker 1>be lots of different manufacturers, but at the end of

0:15:40.880 --> 0:15:42.560
<v Speaker 1>the day, it was the military that was telling you

0:15:42.560 --> 0:15:44.240
<v Speaker 1>what to eat and in serving it and putting it

0:15:44.240 --> 0:15:47.400
<v Speaker 1>in front of you. So potentially, or in an institution,

0:15:47.560 --> 0:15:51.040
<v Speaker 1>in a hospital, or in an asylum or something like that,

0:15:51.120 --> 0:15:54.600
<v Speaker 1>where your food supply is entirely controlled, the other place is,

0:15:54.600 --> 0:15:59.280
<v Speaker 1>as you correctly identify Judge Harper, if you're a baby,

0:16:00.000 --> 0:16:03.400
<v Speaker 1>we had a lot of life before your only source

0:16:03.440 --> 0:16:06.400
<v Speaker 1>of nutrition is the thing that's being supplied out of

0:16:06.400 --> 0:16:12.680
<v Speaker 1>a tin. Yes, so that's potentially an interesting cause of action.

0:16:13.360 --> 0:16:17.240
<v Speaker 1>And to test that, there's another case in the United

0:16:17.280 --> 0:16:22.080
<v Speaker 1>States that's just kicked off called Castro and Laboratories, where

0:16:22.160 --> 0:16:26.880
<v Speaker 1>Castro is suing the makers of a baby formula in

0:16:26.920 --> 0:16:28.040
<v Speaker 1>the United States.

0:16:28.520 --> 0:16:32.640
<v Speaker 2>What condition did the kid get? Like, what's the malaise?

0:16:32.840 --> 0:16:34.640
<v Speaker 2>What's the ah?

0:16:34.920 --> 0:16:38.920
<v Speaker 1>Now? See alleged lawyer es, well, they didn't go that

0:16:38.960 --> 0:16:41.240
<v Speaker 1>way at all. That's a trap for young players, right.

0:16:41.640 --> 0:16:45.680
<v Speaker 1>They saw what happened with Martinez and they said, no, no,

0:16:46.240 --> 0:16:49.440
<v Speaker 1>we're not after that at all. What we are after

0:16:50.120 --> 0:16:55.480
<v Speaker 1>is misrepresentation. You represented to us that this was infant

0:16:55.480 --> 0:16:58.040
<v Speaker 1>formula and that it was safe and healthy. But your

0:16:58.080 --> 0:16:59.960
<v Speaker 1>product is twenty three percent sugar.

0:17:00.840 --> 0:17:05.680
<v Speaker 2>Yes, surely that was identified on the packaging though, because

0:17:05.680 --> 0:17:06.600
<v Speaker 2>that's a requirement.

0:17:07.080 --> 0:17:09.359
<v Speaker 1>Sure. I don't know if you've ever looked at a

0:17:09.680 --> 0:17:13.200
<v Speaker 1>baby formula package, but it does identify lots of things

0:17:13.200 --> 0:17:17.399
<v Speaker 1>on it. In fact, there's security and obscurity. There's about

0:17:17.440 --> 0:17:22.040
<v Speaker 1>a thousand things identified between the vitamins and the minerals

0:17:22.040 --> 0:17:23.720
<v Speaker 1>and the breaking down of the certain types of facts

0:17:23.720 --> 0:17:26.119
<v Speaker 1>and so on and so forth, and so forth, I defy

0:17:26.280 --> 0:17:29.760
<v Speaker 1>any normal person to read all that fine print and

0:17:29.800 --> 0:17:31.879
<v Speaker 1>come to the conclusion that this isn't something that they

0:17:31.920 --> 0:17:34.400
<v Speaker 1>should feed to their child. And besides all of that,

0:17:35.080 --> 0:17:37.840
<v Speaker 1>people know in the back of their mind, even if

0:17:37.840 --> 0:17:40.639
<v Speaker 1>they're not studying the law, they have a suspicion the

0:17:40.760 --> 0:17:48.920
<v Speaker 1>baby food is probably heavily regulated. Yeah, and they think that, Well,

0:17:49.160 --> 0:17:51.960
<v Speaker 1>I keep on feeding my child this thing that looks

0:17:52.000 --> 0:17:54.000
<v Speaker 1>exactly the same as the thing that I know I've

0:17:54.000 --> 0:17:55.920
<v Speaker 1>been feeding them in stage one and two, and they

0:17:55.960 --> 0:17:57.919
<v Speaker 1>tell me I should buy Stage three and feed it

0:17:57.920 --> 0:18:01.320
<v Speaker 1>to them. But what I'm actually feeding them is a

0:18:01.359 --> 0:18:03.920
<v Speaker 1>chocolate milkshake. By the time I get to stage three,

0:18:04.400 --> 0:18:08.040
<v Speaker 1>they're saying, there's the problem. Yes, there's the problem.

0:18:09.440 --> 0:18:11.520
<v Speaker 2>Yeah. I mean that what I was going to say too,

0:18:11.600 --> 0:18:15.159
<v Speaker 2>is like broadly, you know, zooming out from the micro

0:18:15.560 --> 0:18:18.199
<v Speaker 2>of baby food and formula to the macro of just

0:18:18.240 --> 0:18:23.359
<v Speaker 2>food in general. Like the reason that the nutritional information

0:18:23.520 --> 0:18:25.359
<v Speaker 2>is on the back down the bottom in the right

0:18:25.359 --> 0:18:29.119
<v Speaker 2>hand corner, and it's a size two font is because

0:18:29.119 --> 0:18:31.320
<v Speaker 2>they don't want us to pay attention to it.

0:18:31.320 --> 0:18:33.679
<v Speaker 1>It's there because they're required to put it there. It

0:18:33.720 --> 0:18:36.360
<v Speaker 1>wouldn't be there if they weren't correct.

0:18:36.520 --> 0:18:40.440
<v Speaker 2>Yeah yeah, yeah, yeah, yeah yeah, And so okay, so

0:18:40.920 --> 0:18:45.960
<v Speaker 2>what's happening with this case with the misreddentation.

0:18:45.600 --> 0:18:49.879
<v Speaker 1>That one's still about hasn't made it to court yet.

0:18:49.920 --> 0:18:53.840
<v Speaker 1>In the United States, much more likely to succeed because

0:18:53.880 --> 0:18:58.840
<v Speaker 1>there they're not relying on this question about did your

0:18:59.000 --> 0:19:03.520
<v Speaker 1>product cause this disease? They're going they're going sort of

0:19:03.600 --> 0:19:07.000
<v Speaker 1>like the I guess what was the buggy was the

0:19:07.520 --> 0:19:12.080
<v Speaker 1>what were those famous outlaws? It Bugsy Malone and the

0:19:12.119 --> 0:19:17.480
<v Speaker 1>bugs alone and anyway, well, one of those famous outlaws

0:19:17.600 --> 0:19:20.600
<v Speaker 1>probably was bugs Malone. I've forgotten now chief will have

0:19:20.720 --> 0:19:22.160
<v Speaker 1>it before we even get to the end of the sentence.

0:19:22.840 --> 0:19:26.000
<v Speaker 1>There were ones they didn't get him on shooting people

0:19:26.040 --> 0:19:30.200
<v Speaker 1>and killing people and being an outlaw and taxation and

0:19:30.320 --> 0:19:31.560
<v Speaker 1>that's the one al Capone.

0:19:32.320 --> 0:19:34.639
<v Speaker 2>They got him on tax Yeah, tax fraud.

0:19:35.240 --> 0:19:38.000
<v Speaker 1>Yeah, So here is it's a little reminiscent of that.

0:19:38.119 --> 0:19:41.359
<v Speaker 1>You know, maybe they go down on misrepresentation, not on

0:19:41.400 --> 0:19:46.040
<v Speaker 1>the thing that actually happened. In Australia, we don't even

0:19:46.080 --> 0:19:47.960
<v Speaker 1>have to rely on that because we've got a regulator

0:19:48.000 --> 0:19:53.359
<v Speaker 1>saying we're done, this is deceptive conduct. We want legislation

0:19:53.480 --> 0:19:57.760
<v Speaker 1>that stops this happening. We're still a step further though,

0:19:57.800 --> 0:20:01.000
<v Speaker 1>before we can start saying and your product has caused

0:20:01.040 --> 0:20:03.200
<v Speaker 1>this disease, and you owe me a lot of money,

0:20:04.200 --> 0:20:07.440
<v Speaker 1>but at least in terms of deceptive marketing, there may

0:20:07.480 --> 0:20:11.520
<v Speaker 1>be some damages there if this case succeed in the

0:20:11.600 --> 0:20:14.119
<v Speaker 1>United States. Where we need to get to though, is

0:20:14.160 --> 0:20:16.880
<v Speaker 1>where it got to with the tobacco legislation in the end,

0:20:17.480 --> 0:20:20.399
<v Speaker 1>which is it didn't. There were a couple of cases

0:20:20.440 --> 0:20:24.040
<v Speaker 1>that did succeed because the person could prove that this

0:20:24.240 --> 0:20:26.919
<v Speaker 1>was the only brand of cigarette they had to ever smoked,

0:20:27.760 --> 0:20:31.439
<v Speaker 1>so they could prove I have smoked your cigarettes and

0:20:31.480 --> 0:20:36.720
<v Speaker 1>nothing else my entire life, and they succeeded. Unfortunately, often

0:20:36.800 --> 0:20:40.800
<v Speaker 1>they died before they did succeed. So there are states succeeded.

0:20:41.000 --> 0:20:46.440
<v Speaker 1>But where the big money cases came in the tobacco

0:20:46.440 --> 0:20:50.720
<v Speaker 1>litigation in the United States was when the state attorney

0:20:50.720 --> 0:20:54.320
<v Speaker 1>generals took the cases on behalf of their health systems.

0:20:54.960 --> 0:20:58.840
<v Speaker 1>So they said, our health system has to pay for

0:20:58.920 --> 0:21:04.440
<v Speaker 1>the consequences of you selling a product which causes disease. Yeah,

0:21:04.520 --> 0:21:07.159
<v Speaker 1>so you owe us money for the cost of doing that.

0:21:07.960 --> 0:21:11.880
<v Speaker 1>Those are the cases that succeeded in the tobacco wars,

0:21:12.320 --> 0:21:14.960
<v Speaker 1>and they're likely to be the cases that succeed here too.

0:21:15.600 --> 0:21:18.159
<v Speaker 1>Is it Ultimately we are going to have governments saying

0:21:18.760 --> 0:21:23.359
<v Speaker 1>you are selling a product that causes disease and that

0:21:23.520 --> 0:21:25.960
<v Speaker 1>we have to pick up the tab for you owe

0:21:26.000 --> 0:21:28.000
<v Speaker 1>us money. Wow.

0:21:29.440 --> 0:21:32.959
<v Speaker 2>Like, I'm just thinking, I'm actually googling right now how

0:21:33.040 --> 0:21:35.880
<v Speaker 2>much sugar in Last time I looked at neutra grain,

0:21:35.960 --> 0:21:37.919
<v Speaker 2>I'm just thinking, it's not It's not a big stretch

0:21:37.960 --> 0:21:40.800
<v Speaker 2>to go to cereals, is it. Like last time I

0:21:40.840 --> 0:21:43.520
<v Speaker 2>looked at something like neutragrain, it was like thirty six

0:21:43.600 --> 0:21:48.560
<v Speaker 2>grams of sugar per hundred Like yeah, I mean, I

0:21:48.560 --> 0:21:50.680
<v Speaker 2>mean you've done You've done all the cereals and stuff

0:21:50.720 --> 0:21:53.639
<v Speaker 2>I know with your research. But does that just open

0:21:53.680 --> 0:21:57.040
<v Speaker 2>a door for people then to because you know, the

0:21:57.040 --> 0:22:01.240
<v Speaker 2>breakfast of champions, like all these Olympians who are selling

0:22:01.280 --> 0:22:03.360
<v Speaker 2>this stuff kind.

0:22:03.160 --> 0:22:06.959
<v Speaker 1>Of well it is, I mean, And there's problematic advertising

0:22:07.040 --> 0:22:09.320
<v Speaker 1>right now with I think it's one of the cocoa

0:22:09.359 --> 0:22:16.960
<v Speaker 1>pops one with that comedian doing it, where advertising high

0:22:17.040 --> 0:22:20.159
<v Speaker 1>sugar cereal on the basis that it's full of energy

0:22:20.240 --> 0:22:22.920
<v Speaker 1>or full of protein, and what they mean is it's

0:22:22.960 --> 0:22:26.640
<v Speaker 1>full of sugar and we've put some protein in it

0:22:27.119 --> 0:22:29.760
<v Speaker 1>because otherwise we've got nothing to sell it. So we

0:22:29.800 --> 0:22:31.720
<v Speaker 1>can't say this is a high sugar cereal. So we'll

0:22:31.720 --> 0:22:34.359
<v Speaker 1>call it a high protein cereal or a high energy cereal.

0:22:35.440 --> 0:22:38.600
<v Speaker 1>But there's nothing good about breakfast real, nothing good about

0:22:38.640 --> 0:22:42.439
<v Speaker 1>breakfast cereal. You know, if you ask me, well, what

0:22:42.480 --> 0:22:44.320
<v Speaker 1>breakfast cereal should I eat, I'd say, well, don't eat

0:22:44.320 --> 0:22:46.960
<v Speaker 1>any breakfast cereal, but if you must, if you feel

0:22:47.000 --> 0:22:49.320
<v Speaker 1>it you can't get through the morning without a breakfast cereal,

0:22:49.640 --> 0:22:51.600
<v Speaker 1>then wheatbix is pretty much the only option.

0:22:52.280 --> 0:22:55.960
<v Speaker 2>Yeah. Yeah, it's got minimal sugar and it's like.

0:22:56.040 --> 0:22:58.040
<v Speaker 1>Well, it's got no added sugar in it. So it's

0:22:58.080 --> 0:23:01.600
<v Speaker 1>about two grams per hundred so, you know, which is

0:23:01.880 --> 0:23:06.680
<v Speaker 1>basically the sugar content of wheat. So it's that's fine.

0:23:06.920 --> 0:23:11.200
<v Speaker 1>But everything else is just loaded with sugar. I mean,

0:23:11.200 --> 0:23:14.200
<v Speaker 1>even corn flakes, which you wouldn't most people wouldn't identify

0:23:14.280 --> 0:23:18.240
<v Speaker 1>as containing much sugar. Most people add sugar to it.

0:23:18.359 --> 0:23:21.440
<v Speaker 1>You know, even cornflakes is ten percent sugar, and that's

0:23:21.560 --> 0:23:24.240
<v Speaker 1>really really low as far as breakfast reals go. Most

0:23:24.240 --> 0:23:26.520
<v Speaker 1>of them are twenty twenty five thirty thirty five percent

0:23:26.560 --> 0:23:28.919
<v Speaker 1>sugar because no one would eat that cardboard without all

0:23:28.960 --> 0:23:31.000
<v Speaker 1>the sugar in it, honestly one percent.

0:23:31.560 --> 0:23:33.959
<v Speaker 2>What happens. So let's say with this one, with the

0:23:34.880 --> 0:23:39.600
<v Speaker 2>you know, the misrepresentation around the formula or the toddler's

0:23:40.000 --> 0:23:44.720
<v Speaker 2>food or whatever it is. What let's say they win

0:23:44.800 --> 0:23:46.960
<v Speaker 2>that case and they win a whole heap of dough.

0:23:47.480 --> 0:23:50.720
<v Speaker 2>Does that then mean people start coming out of the woodwork.

0:23:50.800 --> 0:23:51.640
<v Speaker 1>Does that mean.

0:23:51.480 --> 0:23:55.960
<v Speaker 2>That that that company has to do a complete one?

0:23:56.000 --> 0:23:59.000
<v Speaker 2>Are they're probably going to do one eighty already, But like,

0:23:59.080 --> 0:24:02.480
<v Speaker 2>what are some of the consequences of that litigation?

0:24:03.440 --> 0:24:07.119
<v Speaker 1>Well, I suspect if they succeed besides them getting money,

0:24:07.359 --> 0:24:08.960
<v Speaker 1>you know, and it'll be a stupid amount of money

0:24:09.000 --> 0:24:14.280
<v Speaker 1>the way US litigation generally goes. Besides that, it will

0:24:14.320 --> 0:24:16.919
<v Speaker 1>point really really clearly to the fact that to the

0:24:16.960 --> 0:24:19.679
<v Speaker 1>place that the Australian government has already arrived, which is

0:24:19.920 --> 0:24:24.119
<v Speaker 1>you don't get to do this, You don't get to

0:24:25.040 --> 0:24:28.399
<v Speaker 1>work this loophole where you market a product that looks

0:24:28.440 --> 0:24:32.840
<v Speaker 1>identical to a product which is sugar free, loaded up

0:24:32.880 --> 0:24:38.760
<v Speaker 1>with sugar and then represented as healthy. So that's where

0:24:38.760 --> 0:24:42.680
<v Speaker 1>it'll end up. They'll get there by litigation, will get

0:24:42.720 --> 0:24:48.320
<v Speaker 1>there by legislation, but thankfully, hopefully relatively soon, we should

0:24:48.320 --> 0:24:50.280
<v Speaker 1>be in a place where they no longer get away

0:24:50.320 --> 0:24:53.959
<v Speaker 1>with this. It won't stop them keeping going though in

0:24:54.040 --> 0:24:57.800
<v Speaker 1>other areas, because they're already on to the fact. You

0:24:57.840 --> 0:25:00.719
<v Speaker 1>know that we can do the same stuff with what

0:25:00.760 --> 0:25:03.280
<v Speaker 1>we feed old people right now, you know we can

0:25:03.359 --> 0:25:06.840
<v Speaker 1>call it. You know, every hospital it gets loads of

0:25:06.880 --> 0:25:11.680
<v Speaker 1>free samples of all these various milks that are meant

0:25:11.680 --> 0:25:15.879
<v Speaker 1>to be food substitutes, which are heavily loaded with sugar.

0:25:16.359 --> 0:25:18.920
<v Speaker 1>And you might say, well, why are they bothering? Why

0:25:19.200 --> 0:25:21.280
<v Speaker 1>put a ton of sugar in these things? Why not

0:25:21.400 --> 0:25:24.200
<v Speaker 1>just sell them with other sugar? Why can't follow one

0:25:24.240 --> 0:25:27.720
<v Speaker 1>formula or stage three formula whatever it's called a toddler milk.

0:25:28.000 --> 0:25:32.320
<v Speaker 1>Why can't I just be milk? Because then what are

0:25:32.359 --> 0:25:35.600
<v Speaker 1>you selling? These things are thirty bucks a ten. If

0:25:35.600 --> 0:25:38.760
<v Speaker 1>you're selling a tin of milk powder and the kids

0:25:38.800 --> 0:25:41.439
<v Speaker 1>thinking this tastes like milk powder, he's not going to

0:25:41.440 --> 0:25:44.600
<v Speaker 1>be pestering mum. Can I have another glass of that

0:25:45.480 --> 0:25:49.280
<v Speaker 1>dried milk? Mum? No, The reason the kids want it

0:25:49.320 --> 0:25:50.480
<v Speaker 1>is because it's full of sugar.

0:25:52.520 --> 0:25:56.320
<v Speaker 2>Yeah, I wonder as you're talking about all of this,

0:25:56.440 --> 0:25:59.560
<v Speaker 2>I'm just thinking, like, in the space that I've inhabited

0:25:59.600 --> 0:26:04.520
<v Speaker 2>for long time, fitness, health, wellness space, is like, never

0:26:04.560 --> 0:26:08.040
<v Speaker 2>in my life has there been so many supplements, you know,

0:26:08.880 --> 0:26:13.399
<v Speaker 2>pills and powders and potions and various forms of creatine

0:26:13.440 --> 0:26:17.240
<v Speaker 2>and protein powders and a million other peptides and supplements.

0:26:18.240 --> 0:26:20.200
<v Speaker 1>I wonder most of them are a waste of money.

0:26:20.720 --> 0:26:26.159
<v Speaker 2>Yeah, true, one hundred percent. But it seems almost it

0:26:26.240 --> 0:26:28.520
<v Speaker 2>seems almost unregulated.

0:26:29.000 --> 0:26:34.879
<v Speaker 1>It is largely unregulated. The test is often will this

0:26:35.359 --> 0:26:39.000
<v Speaker 1>you know, if someone consumes a bucket of this stuff,

0:26:39.040 --> 0:26:43.480
<v Speaker 1>will it kill them on the spot? Probably not so okay.

0:26:44.440 --> 0:26:48.680
<v Speaker 1>I mean the whole supplement industry is largely unregulated, mostly

0:26:48.720 --> 0:26:53.760
<v Speaker 1>because they're perceived as being largely harmless. So if people

0:26:53.800 --> 0:26:55.960
<v Speaker 1>want to buy this stuff and eat this stuff, and

0:26:56.080 --> 0:26:58.320
<v Speaker 1>you know, it's sort of in the same category, I guess,

0:26:58.359 --> 0:27:01.840
<v Speaker 1>as you know, scented candles, like if you think it

0:27:01.880 --> 0:27:04.440
<v Speaker 1>does something for you, then you know, knock yourself out.

0:27:05.080 --> 0:27:09.280
<v Speaker 1>But but we're not going to. There are no proven

0:27:09.520 --> 0:27:14.359
<v Speaker 1>health dangers or benefits to this stuff, so off you go,

0:27:14.560 --> 0:27:17.200
<v Speaker 1>and and you know, the advertising for these things is

0:27:17.240 --> 0:27:20.919
<v Speaker 1>always full of weasel words like may improve this, or

0:27:21.000 --> 0:27:23.560
<v Speaker 1>could improve that, or up to one hundred percent, which

0:27:23.600 --> 0:27:25.800
<v Speaker 1>could be anything from zero percent to one hundred percent.

0:27:26.680 --> 0:27:31.080
<v Speaker 1>You know, you pay close attention to that kind of advertising,

0:27:31.080 --> 0:27:33.720
<v Speaker 1>you can see that it's full of weasel words because

0:27:33.720 --> 0:27:37.159
<v Speaker 1>it's telling people stuff they want to hear. You know,

0:27:37.359 --> 0:27:40.440
<v Speaker 1>I have a problem with X, y Z insert melody.

0:27:40.520 --> 0:27:40.720
<v Speaker 2>Here.

0:27:41.720 --> 0:27:45.160
<v Speaker 1>Here is the thing that's you know, that may help

0:27:45.280 --> 0:27:50.760
<v Speaker 1>with that problem. Probably won't is the subtext. But you

0:27:50.760 --> 0:27:52.840
<v Speaker 1>know it probably won't hurt you either. And this is

0:27:52.920 --> 0:27:58.000
<v Speaker 1>we've talked about this a couple of times. Recently, they're

0:27:58.080 --> 0:28:00.679
<v Speaker 1>starting to be some really concerning evidence about some of

0:28:00.720 --> 0:28:05.200
<v Speaker 1>these things, particularly the bigger vitamins, where in overdose they

0:28:05.400 --> 0:28:09.600
<v Speaker 1>probably will do you harm. And you have to be

0:28:09.640 --> 0:28:12.040
<v Speaker 1>really careful about that because these things have been thrown

0:28:12.080 --> 0:28:15.160
<v Speaker 1>willy nilly into all sorts of things, sometimes without even

0:28:15.280 --> 0:28:18.640
<v Speaker 1>mentioning that they're there, like vitamin B six, which is

0:28:18.880 --> 0:28:21.879
<v Speaker 1>in massive amounts in magnesium, and people are probably not

0:28:21.920 --> 0:28:24.199
<v Speaker 1>even aware they're taking it because they're actually taking the

0:28:24.240 --> 0:28:29.520
<v Speaker 1>magnesium because they've got leg cramps. And so we have

0:28:29.600 --> 0:28:32.360
<v Speaker 1>to be really careful about this because up until now

0:28:32.880 --> 0:28:39.000
<v Speaker 1>the attitude has been well, probably doesn't hurt, and the

0:28:39.040 --> 0:28:42.120
<v Speaker 1>reality is, take enough of this stuff, it probably does hurt.

0:28:43.720 --> 0:28:46.280
<v Speaker 2>Just before we go. It kind of sounds like from

0:28:46.280 --> 0:28:49.959
<v Speaker 2>what you're saying that Australia is ahead of America in

0:28:50.000 --> 0:28:53.520
<v Speaker 2>a way, like with the baby formula stuff anyway, because

0:28:54.240 --> 0:28:56.920
<v Speaker 2>we're already dealing with it, making decisions about it and

0:28:56.960 --> 0:28:59.040
<v Speaker 2>saying it's not okay. But in this so it's more

0:28:59.120 --> 0:29:03.320
<v Speaker 2>regulation here and litigation in the States. Are we leading

0:29:03.360 --> 0:29:06.480
<v Speaker 2>the way or is that just in this particular this.

0:29:06.680 --> 0:29:10.400
<v Speaker 1>On this issue, we are. And it's a different regulator

0:29:10.400 --> 0:29:13.680
<v Speaker 1>to the one that regulates supplements, So this is the

0:29:13.680 --> 0:29:18.120
<v Speaker 1>Australian Competition Commission who has an agreement with people about

0:29:18.120 --> 0:29:22.680
<v Speaker 1>how to market this stuff. So they're not looking at

0:29:23.080 --> 0:29:26.840
<v Speaker 1>the ins and outs of the stuff itself. They're just

0:29:26.880 --> 0:29:29.360
<v Speaker 1>going with what the World Health Organization said, which is

0:29:30.000 --> 0:29:32.560
<v Speaker 1>really should be using breast milk up to the age

0:29:32.600 --> 0:29:35.880
<v Speaker 1>of twelve that is heavily regulated by a different regulator,

0:29:35.920 --> 0:29:39.400
<v Speaker 1>the TGA. These guys are concerned only with the marketing

0:29:39.400 --> 0:29:42.120
<v Speaker 1>and they're saying, like the piece of litigation in the

0:29:42.200 --> 0:29:44.760
<v Speaker 1>United States, which is really about marketing, not about health.

0:29:45.320 --> 0:29:48.240
<v Speaker 1>They're saying this marketing is not on because it's deceptive,

0:29:48.680 --> 0:29:52.160
<v Speaker 1>and like I mentioned, with the component tax returns, maybe

0:29:52.200 --> 0:29:55.240
<v Speaker 1>that's where we get them. Maybe that's the backdoor root

0:29:55.320 --> 0:29:58.120
<v Speaker 1>here where we say, let's not get all tied up

0:29:58.120 --> 0:30:00.560
<v Speaker 1>in whether it was bad for you or not. Let's

0:30:00.600 --> 0:30:02.280
<v Speaker 1>just talk about the deceptive of marketing.

0:30:03.920 --> 0:30:07.920
<v Speaker 2>Well government. If you need a good lawyer, the lespo's available.

0:30:08.600 --> 0:30:11.560
<v Speaker 2>He's very fucking expensive. I don't think you could afford him,

0:30:11.600 --> 0:30:13.600
<v Speaker 2>but maybe just a small consult.

0:30:14.080 --> 0:30:16.040
<v Speaker 1>Hey, this is a first, by the way, Craigie, you've

0:30:16.080 --> 0:30:17.800
<v Speaker 1>got to this is a headline for you. This is

0:30:17.800 --> 0:30:20.719
<v Speaker 1>the first. This is the first time I've ever written

0:30:20.760 --> 0:30:22.240
<v Speaker 1>about anything to do with the law.

0:30:23.840 --> 0:30:25.840
<v Speaker 2>That is well, I don't know if that is true,

0:30:25.840 --> 0:30:27.840
<v Speaker 2>but yeah, this is the first time we've had a

0:30:27.880 --> 0:30:31.160
<v Speaker 2>chat where you've actually opened the legal door.

0:30:31.440 --> 0:30:36.320
<v Speaker 1>So yeah, I normally avoid doing it. So just because

0:30:36.360 --> 0:30:37.960
<v Speaker 1>you know, I prefer to write about things where I

0:30:37.960 --> 0:30:42.040
<v Speaker 1>can't get fired for my opinion. But how dare you.

0:30:42.080 --> 0:30:43.920
<v Speaker 2>Talk about something that you qualified in?

0:30:46.920 --> 0:30:47.800
<v Speaker 1>Say what you know?

0:30:49.480 --> 0:30:52.000
<v Speaker 2>Hey, mate, we appreciate you will say goodbye affair, but

0:30:52.080 --> 0:30:54.600
<v Speaker 2>as always, good to chat and thanks for your time.

0:30:55.000 --> 0:30:56.480
<v Speaker 1>Absolute pleasure as always