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ADVOCACY GROUP FILES SUIT AGAINST TYSON
CHICKEN
The complaint alleged that Tyson's descriptions
of its chicken as "heart-healthy" and "all natural"
are false and misleading.
Ronald R. Urbach (rurbach@dglaw.com)
e-mail this article URL
On December 18, the Physician's Committee for Responsible Medicine
(PCRM), a leading health advocacy group based in Washington DC, filed
a suit in San Francisco County Superior Court seeking an injunction
against Tyson Foods Inc. The complaint alleged that Tyson's descriptions
of its chicken as "heart-healthy" and "all natural"
are false and misleading.
According to the Complaint, in one campaign
by Tyson on allrecipes.com, a cooking and health information website,
Tyson advised consumers to eat chicken "as often as you like"
because doing so can "greatly reduce" the risk of heart
disease. The Complaint, which contained lengthy factual information
concerning the causes of heart disease in Americans, alleged such
claims falsely represented Tyson's chicken as "heart-healthy."
Further, the Complaint alleged that certain Tyson advertisements
were false because "eating Tyson chicken in unrestricted quantities
will not lead to a reduction in the risk of heart disease."
The Complaint filed by PCRM stated that "consumers who follow
Tyson's advice to 'serve chicken as often as you like' and consume
large, or even moderate, quantities of any of Tyson's chicken products
will not 'greatly reduce' their risk of developing heart disease,
but, rather, may actually increase such risk." To support its
contention, the PRCM pointed out that all animal products contain
saturated fat and that consumption of chicken, "even in moderate
amounts," "may easily cause a person to exceed the recommended
daily limits of fat and cholesterol."
In other claims, the Complaint alleged that in
advertisements appearing in People and Good Housekeeping magazines,
as well as during television shows such as Oprah, Tyson stated that
its chicken was "all natural." The Complaint alleged that,
in reality, "Tyson's production and processing practices, in
which chickens are conceived, hatched, fed, and raised in wholly
artificial conditions, are anything but natural." PRCM contended
that Tyson's chickens are actually raised in "factory farming"
conditions, in which "the chickens are genetic mutations that
do not exist in nature, the chickens are vaccinated" and "medicated
immediately after being hatched." PCRM pointed out that Tyson's
chickens are given antibiotics when they are still in eggs and that
these antibiotics can cause adverse reactions in humans, including
the development of antibiotic-resistance.
In a press release issued on the PCRM website
on January 10, 2003, PCRM touted the initial success of its lawsuit.
The press release stated that "after the PCRM filed a lawsuit
against Tyson Foods over an ad alleged to be false and misleading,
Tyson has pulled the Internet ad which had advised consumers to
'serve chicken as often as you like' to ensure heart health."
In a statement in PCRM's press release PCRM President, Neal D. Barnard,
M.D. stated that "The truth is, chicken has nearly the same
high concentrations of cholesterol and saturated fat as beef, and
chicken consumption is a major contributor to heart disease and
obesity."
PCRM has asked that Tyson stops its deceptive
claims and that Tyson place labels on its chicken products and in
its advertising for chicken that warn people of possible harm to
their health. PCRM subsequently amended its Complaint with regard
to Tyson's "all-natural" claims. Tyson, in response, filed
a motion to strike on Friday, March 28, 2003. The PCRM is currently
preparing a response to Tyson's filings. We will keep you apprised
of further developments as the case progresses.
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