Press-Republican

FYI...

September 17, 2012

Producer of 'pink slime' beef sues ABC for defamation

Of all the media outlets that have taken shots at Beef Products and its "lean, finely textured beef," the South Dakota-based company apparently feels slimed by only one: ABC and its ABC News division.

The largest U.S. producer of "pink slime" — once widely found in fast-food burgers, supermarkets and the federal school lunch program — filed a defamation lawsuit Thursday against the network, claiming it went on a campaign that cost Beef Products $400 million. Anchor Diane Sawyer and reporters Jim Avila and David Kerley are also named as defendants.

"ABC ran for about 30 days a vicious disinformation campaign that consists of almost 200 false and misleading defamatory statements," said Dan Webb, a trial lawyer and chairman of Winston & Strawn, which is representing Beef Products.

The 250-page-plus complaint asks for a total of $1.2 billion because South Dakota's Agricultural Food Products Disparagement Act allows a plaintiff to triple the amount of damages that result from the defendant's actions.

"The lawsuit is without merit," Jeffrey Schneider, a senior vice president of ABC News, said in a statement. "We will contest it vigorously." ABC declined to comment further on the lawsuit.

But the network noted that many other media outlets have reported on lean, finely textured beef, from USA Today to an online petition to MSNBC. ABC also singled out a 2009 New York Times investigation that published the first-known reference to "pink slime," coined by a former U.S. Department of Agriculture microbiologist, Gerald Zirnstein, in 2002. (Zirnstein, incidentally, served as a "whistleblower" in ABC News' own investigation and is named in the suit.)

When asked why Beef Products was singling out ABC News, and not suing the other media outlets, Webb indicated it was a matter of volume and tenacity. The lawyer said that starting on March 7, ABC aired 11 broadcasts, published 14 online reports and issued social-media statements that, collectively, contained those alleged 200 false statements.

"What happened with ABC News is that they started this sustained, concerted, long-duration attack where, night after night, they emblazoned on the minds of consumers that we're selling a slime product that is non-nutritious and is unsafe," Webb said.

One media libel defense lawyer thought Beef Products could have a tough time in court.

"I would say they have a very high burden of proving that ABC knew what they said was false at the time they said it," said Laura Handman, a partner at Davis Wright Tremaine in Washington.

Beef Products, according to its attorney, has been forced to shutter three of its four manufacturing facilities after sales dropped 80 percent immediately after the media reports. The company, he added, has laid off 700 employees.

Even though food-safety allegations have been leveled against Beef Products since at least the Times investigation in 2009, the company came under serious attack in the past 18 months from a number of media sources. Many seemed to take their cue from an April 2011 episode of "Jamie Oliver's Food Revolution," in which the British chef demonstrated how lean, finely textured beef is made. (The series aired on ABC before it was canceled last year.)

"This is not fit for human consumption," he said of the meat that is treated with ammonium hydroxide to kill potential pathogens.

On March 5, the Daily, an online news source, reported comments from two former USDA microbiologists and noted that the USDA planned to buy about 7 million pounds of lean finely textured beef for the school lunch program.

One day later, Houston blogger, Bettina Siegel created a Change.org petition asking the USDA to remove pink slime from the school lunch program. She got more than 250,000 signatures. The ABC reports began the next day.

The USDA responded by giving school districts across the country the option of ordering ground beef with or without lean, finely textured beef for the 2012-13 school year. So far, the agency said, states have requested more than 20 million pounds of ground beef without lean, finely textured beef — and only 1 million pounds that may contain it. The USDA said it cannot compare those figures with orders from previous years.

If America was increasingly alarmed by Oliver's 2011 program, so was Beef Products. The company and others, Webb said, approached ABC about what it considered false statements on Oliver's program.

"Not only did they ignore the evidence," Webb said about ABC, "they then went on this crusade against us," with broadcasts on "World News Tonight" and "Good Morning America."

The attorney said major supermarket chains stopped buying the product — fast-food restaurants such as McDonald's had already halted purchases — after the ABC reports.

"They hate this product now," Webb said about customers. "ABC has managed to convince the American consumer that we're selling some filthy product that is somehow hidden away in ground beef."

Text Only | Photo Reprints
FYI...
  • asteroid-nasa.jpg White House, NASA want help hunting asteroids

    The White House and NASA on Tuesday will ask the public for help finding asteroids that potentially could slam into the Earth with catastrophic consequences.

    June 19, 2013 1 Photo

  • FACES164.jpg State photo-ID databases become troves for police

    The faces of more than 120 million people are in searchable photo databases that state officials assembled to prevent driver's-license fraud but that increasingly are used by police to identify suspects, accomplices and even innocent bystanders in a wide range of criminal investigations.

    June 18, 2013 3 Photos

  • When is a nightgown appropriate in the office?

    Who among us hasn't wondered if pajama pants are OK in the winter? What about clingy, see-through blouses for spring? And now that it's almost summer, what about nightgowns? Specifically, what about midthigh-length, straw-colored cotton nightgowns at work?

    June 17, 2013

  • doortodoor-market-box.jpg Consumers' desire for local, organic food drives online grocery business

    Just a few years ago, consumers who were fervent about eating locally-grown and organic foods had to head out to the nearest Whole Foods or farmers market. Now all it takes is a few swipes of the mouse at an online grocer like Door to Door Organics, Relay Foods or AmazonFresh.

    June 16, 2013 1 Photo

  • PARKS FOOD9.jpg National parks to offer healthier food under new standards

    The consumption of rubbery hot dogs and cellophane-wrapped sandwiches of indeterminate age is a time-honored rite of passage for generations of families making the trek to national parks around the country.

    June 15, 2013 1 Photo

  • FILM SUMMER62.jpg Predicting the summer movie sleeper hit

    Every year since, filmgoers and critics try to predict what the next "Little Miss Sunshine" will be.

    June 14, 2013 2 Photos

  • iStock_000008462647XSmall.jpg When did sunscreen get so complicated?

    Summer is almost here, which means it's time for picnics, pool parties, and every parent's favorite pastime: chasing after your kid with the sunscreen bottle. But what's arguably more arduous than slathering lotion onto a screaming 3-year-old is choosing the right sunscreen.

    June 13, 2013 1 Photo

  • cell-phone.jpg How to shield calls, chats, browsing from surveillance

    If you have followed the startling revelations about the scope of the U.S. government's surveillance efforts, you may have thought you were reading about the end of privacy. But even when faced with the most ubiquitous of modern surveillance, there are ways to keep your communications away from prying eyes.

    June 12, 2013 1 Photo

  • lifeguard.jpg Drowning doesn't look like drowning

    Drowning is not the violent, splashing call for help that most people expect. There is very little splashing, no waving, and no yelling or calls for help of any kind.

    June 11, 2013 1 Photo

  • heart.jpg 4 simple lifestyle changes can protect your heart

    According to a multi-center study led by Johns Hopkins researchers, there is a significant link between lifestyle factors and heart health, adding even more evidence in support of regular exercise, eating a Mediterranean-style diet, keeping a normal weight and -- most importantly -- not smoking.

    June 8, 2013 1 Photo