Food libel laws
Encyclopedia
Food libel laws, also known as food disparagement laws and informally as veggie libel laws, are laws passed in 13 U.S.
states that make it easier for food producers to sue their critics for libel. These 13 states include Alabama
, Arizona
, Colorado
, Florida
, Georgia
, Idaho
, Louisiana
, Mississippi
, North Dakota
, Ohio
, Oklahoma
, South Dakota
, and Texas
. Many of the food-disparagement laws establish a lower standard for civil liability and allow for punitive damages and attorney's fees for plaintiff
s alone, regardless of the case's outcome.
and one of her guests, Howard Lyman
, were involved in a lawsuit surrounding the Texas version of a food libel law known as the False Disparagement of Perishable Food Products Act of 1995, for a 1996 episode of her show in which the two made disparaging comments about beef in relation to the mad cow scare. Although they were not the first people to be sued using this type of legal action, this case created a media sensation and is the example most people associate with food libel litigation.
These laws vary significantly from state to state, but food libel laws typically allow a food manufacturer or processor to sue a person or group who makes disparaging comments about their food products. In some states these laws also establish different standards of proof than are used in traditional American libel lawsuits, including the practice of placing the burden of proof on the party being sued.
In a normal U.S. libel suit, the plaintiff must prove that the defendant is deliberately and knowingly spreading false information. Under the Texas
food disparagement law under which Winfrey and Lyman were sued, the plaintiffs — in this case, beef feedlot
operator Paul Engler and the company Cactus Feeders — had to convince the jury that Lyman's statements on Winfrey's show were not "based on reasonable and reliable scientific inquiry, facts, or data." As a basis for the damages sought in the lawsuit, the plaintiffs noted that cattle futures dropped 10 percent the day after the episode, and that beef prices fell from 62 cents to 55 cents per pound. Engler's attorneys argued that the rancher lost $6.7 million, and the plaintiffs sought to recoup total losses of more than $12 million.
The jury in the case found that the statements by Winfrey and Lyman did not constitute libel against the cattlemen. However, Winfrey no longer speaks publicly on the issue, going so far as to decline to make videotapes of the original interview available to enquiring journalists.
lawsuit
filed by McDonald's Corporation
against environmental
activists Helen Steel and David Morris (often referred to as "The McLibel Two") over a pamphlet critical of the company. The original case lasted ten years, making it the longest-running court action in English history. A feature-length documentary film, McLibel
, was created about the case by filmmaker Franny Armstrong
.
Although McDonald's won two hearings
of the case in English court, the partial nature of the victory, the David-vs-Goliath nature of the case, and the drawn-out litigation embarrassed the company. McDonald's announced that it did not plan to collect the £40,000 that it was awarded by the courts. Since then, the European Court of Human Rights
(ECHR) has ruled that the trial violated Articles 6 (right to a fair trial) because the defendants had been refused legal aid and had only been represented by volunteer lawyers, and Article 10 (right to freedom of expression) of the Convention on Human Rights
, again because the defendants had been refused legal aid, and awarded a judgment of £57,000 against the UK government. (McDonald's itself was not a defendant in this appeal.) On February 15, 2005, the pair's 20-year battle with McDonald's came to an end with this judgment.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
states that make it easier for food producers to sue their critics for libel. These 13 states include Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Arizona
Arizona
Arizona ; is a state located in the southwestern region of the United States. It is also part of the western United States and the mountain west. The capital and largest city is Phoenix...
, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
, North Dakota
North Dakota
North Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
, South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, and Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. Many of the food-disparagement laws establish a lower standard for civil liability and allow for punitive damages and attorney's fees for plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
s alone, regardless of the case's outcome.
History
In 1998, television talk-show host Oprah WinfreyOprah Winfrey
Oprah Winfrey is an American media proprietor, talk show host, actress, producer and philanthropist. Winfrey is best known for her self-titled, multi-award-winning talk show, which has become the highest-rated program of its kind in history and was nationally syndicated from 1986 to 2011...
and one of her guests, Howard Lyman
Howard Lyman
Howard F. Lyman - American farmer and animal welfare activist who is known for his actions promoting vegetarian nutrition and organic farming....
, were involved in a lawsuit surrounding the Texas version of a food libel law known as the False Disparagement of Perishable Food Products Act of 1995, for a 1996 episode of her show in which the two made disparaging comments about beef in relation to the mad cow scare. Although they were not the first people to be sued using this type of legal action, this case created a media sensation and is the example most people associate with food libel litigation.
These laws vary significantly from state to state, but food libel laws typically allow a food manufacturer or processor to sue a person or group who makes disparaging comments about their food products. In some states these laws also establish different standards of proof than are used in traditional American libel lawsuits, including the practice of placing the burden of proof on the party being sued.
In a normal U.S. libel suit, the plaintiff must prove that the defendant is deliberately and knowingly spreading false information. Under the Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
food disparagement law under which Winfrey and Lyman were sued, the plaintiffs — in this case, beef feedlot
Feedlot
A feedlot or feedyard is a type of animal feeding operation which is used in factory farming for finishing livestock, notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter. Large beef feedlots are called Concentrated Animal Feeding Operations . They...
operator Paul Engler and the company Cactus Feeders — had to convince the jury that Lyman's statements on Winfrey's show were not "based on reasonable and reliable scientific inquiry, facts, or data." As a basis for the damages sought in the lawsuit, the plaintiffs noted that cattle futures dropped 10 percent the day after the episode, and that beef prices fell from 62 cents to 55 cents per pound. Engler's attorneys argued that the rancher lost $6.7 million, and the plaintiffs sought to recoup total losses of more than $12 million.
The jury in the case found that the statements by Winfrey and Lyman did not constitute libel against the cattlemen. However, Winfrey no longer speaks publicly on the issue, going so far as to decline to make videotapes of the original interview available to enquiring journalists.
McLibel case
A long-running legal case in Britain is an example of the application of food libel principles to existing law. McDonald's Restaurants versus Morris & Steel (also known as the "McLibel case") was an EnglishEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed by McDonald's Corporation
McDonald's
McDonald's Corporation is the world's largest chain of hamburger fast food restaurants, serving around 64 million customers daily in 119 countries. Headquartered in the United States, the company began in 1940 as a barbecue restaurant operated by the eponymous Richard and Maurice McDonald; in 1948...
against environmental
Environmentalism
Environmentalism is a broad philosophy, ideology and social movement regarding concerns for environmental conservation and improvement of the health of the environment, particularly as the measure for this health seeks to incorporate the concerns of non-human elements...
activists Helen Steel and David Morris (often referred to as "The McLibel Two") over a pamphlet critical of the company. The original case lasted ten years, making it the longest-running court action in English history. A feature-length documentary film, McLibel
McLibel (film)
McLibel is a documentary film directed by Franny Armstrong and Ken Loach for Spanner Films about the McLibel case. The film was first completed, as a 52 minute television version, in 1997, after the conclusion of the original McLibel trial...
, was created about the case by filmmaker Franny Armstrong
Franny Armstrong
Franny Armstrong is a British documentary film director working for her own company, Spanner Films, and a former drummer with indie pop group The Band of Holy Joy...
.
Although McDonald's won two hearings
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
of the case in English court, the partial nature of the victory, the David-vs-Goliath nature of the case, and the drawn-out litigation embarrassed the company. McDonald's announced that it did not plan to collect the £40,000 that it was awarded by the courts. Since then, the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
(ECHR) has ruled that the trial violated Articles 6 (right to a fair trial) because the defendants had been refused legal aid and had only been represented by volunteer lawyers, and Article 10 (right to freedom of expression) of the Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, again because the defendants had been refused legal aid, and awarded a judgment of £57,000 against the UK government. (McDonald's itself was not a defendant in this appeal.) On February 15, 2005, the pair's 20-year battle with McDonald's came to an end with this judgment.
External links
- "Signal Interference Group Project: Talking About Food". August 2010.
- "Serving You Tonight Will Be Our Lawyer". New York Times. March 7, 2007
- "Farmers' Right to Sue Grows, Raising Debate on Food Safety". New York Times. June 1. 1999.
- "Apple growers bruised and bitter after alar scare". New York Times. July 9, 1991.
- Chilling effect of laws from the Center for Science in the Public InterestCenter for Science in the Public InterestCenter for Science in the Public Interest is a Washington, D.C.-based non-profit watchdog and consumer advocacy group focusing on nutritional education and awareness.-History and funding:...
- Existing laws by state Center for Science in the Public Interest.