The Business Litigation Blog

Where’s the Beef?: ABC’s Product Disparagement Case to Have a Jury Trial

The Supreme Court of South Dakota denied a Hail Mary petition from ABC Broadcasting to appeal a ruling allowing Beef Products Inc (BPI) to take its case against ABC to a jury trial. BPI has sued ABC for product disparagement of their “lean finely textured beef” by referring to it as “pink slime.”

ABC claims that this case is an infringement on free speech and freedom of the press. BPI stated that they look forward to holding ABC accountable for their words. BPI also stated that ABC implied that the beef was not safe, healthy, and not even meat.

Many large distributors including Walmart stopped selling products that used the beef after the bombshell 2012 ABC report. BPI is asking for $1.9 billion in damages. Under the South Dakota Product Disparagement Act this could increase to $5.7 billion in damages.

If you have a product disparagement case contact the Patterson Law Firm at (312)-223-1699 or Alexander Passo at apasso@pattersonlawfirm.com

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