The maker of “lean, finely textured beef,” which critics call “pink slime,” is unlikely to prevail in a defamation lawsuit filed two weeks ago against ABC News, according to most experts quoted in the press.
Beef Products Inc. alleges that a string of on-air and online reports that the network produced from March to April amounted to “a month-long vicious, concerted disinformation campaign against BPI” that cost the company over $400 million and resulted in the layoff of more than 700 employees and the shuttering of three of its four factories. BPI says it will seek over $1 billion in damages, but the consensus seems to be that it won’t get a cent.
Lean finely textured beef (LFTB) is made from the fatty trimmings left over from better cuts of beef. BPI warms and spins them in a centrifuge to separate the meat from the fat, and because the trimmings come from parts of the cow that are particularly susceptible to contamination, the company treats the meat with ammonia to kill any pathogens. It then packs it into frozen bricks that are shipped to food suppliers. Restaurants, grocery stories, and cafeterias add the LFTB to pure ground beef to reduce its fat content (and the cost of the final product).
Industry has used ammonia for decades to improve the safety of variety of foods, and absent any form of contamination LFTB is safe, according to the Food and Drug Administration. In late 2009, however, The New York Times published a series of Pulitzer Prize-winning articles that questioned BPI’s processing method, citing dozens of instances in which E. coli and salmonella, as well as elevated pH levels, had been found in its meat.
But LFTB didn’t break into the American consciousness with force until ABC World News with Diane Sawyer reported in March that “pink slime once used only in dog food and cooking oil, now sprayed with ammonia to make it safe,” is now in 70 percent of the ground beef in US supermarkets. The segment, by Jim Avila, focuses on two former USDA scientists turned whisteblowers, including microbiologist Gerald Zirnstein, who coined the derisive term in 2002 memo. In the report, Zirnstein referred to the use of LFTB as “economic fraud,” saying, “it’s not fresh ground beef; it’s a cheap substitute that’s being added in.”
Fierce criticism from consumers ensued. Restaurants, supermarkets, and cafeterias began abandoning LFTB in droves. In an effort to stem the tide, the company launched a “beef is beef” campaign, and Agriculture Secretary Tom Vilsack joined a handful of cattle-state governors in an effort “to dispel LFTB’s negative image,” as Food Safety News, which produced a useful timeline of the affair, put it. Iowa’s Terry Branstad even called for a congressional inquiry into a media “smear campaign.” Nonetheless, LFTB sales plummeted 80 percent, according to BPI.
The company’s lawsuit against ABC News names Sawyer, Avila, and reporter David Kerley as defendants, in addition to the two USDA whistleblowers and a former BPI employee featured in their reports. It alleges that the network “knowingly and intentionally published nearly 200 false and disparaging statements,” ranging from use of the term “pink slime” to charges that LFTB is not beef, but rather a filler or substitute, to the comments about dog food and economic fraud.
BPI “will face a steep climb” in proving defamation, however, The Associated Press reported, citing a variety of experts. According to its article:
South Dakota is one of 13 states that have enacted a food-disparagement law, but there’s virtually no history of the laws being used in lawsuits, said Neil Hamilton, a Drake University professor and director of the Agricultural Law Center in Des Moines, Iowa.
A media corporation is permitted to 'slime' the product of a non-media corporation on slender evidence, fair enough. But if that non-media corporation makes dubious claims about its product, it will have the federal government down on its head for false advertising. I'm not arguing for censorship of media corporations, only for free speech rights to be extended to every individual and collection of individuals.
It is often argued in defense of free speech rights for media corporations but not for non-media corporations that their speech is not 'harmful' the way making advertising claims for some product can be 'harmful' to consumers and others. Really?
#1 Posted by Mark Richard, CJR on Wed 3 Oct 2012 at 12:29 PM
Well, not being another one of those special and unique Randite snowflakes who fancies himself far more competent and individualistic than one's taste in literature actually bears out, I *am* asking for censorship of media corporations. They've gotten away with dictating narratives consistently tilted against the public interest for far too long.
#2 Posted by Jonathan, CJR on Wed 3 Oct 2012 at 01:05 PM
A small, but significant mistake in your story. You state, "LFTB and the ammonia used to treat it are not labeled because the FDA does not consider them to be additives or ingredients, but rather “processing aids,” which are “substances that have no technical or functional effect in a finished food but may be present in that food by having been used as ingredients of another food in which they had a technical effect.”
Incorrect. Ammonia is a processing aid, and it fits the definition precisely. LFTB is lean beef. How would you label it? "Beef with beef?"
Another example of a journalist getting close, but missing on accuracy, and presenting a significantly incorrect perception of the issue. Obviously, more homework is needed prior to press.
#3 Posted by Fred, CJR on Sat 6 Oct 2012 at 07:05 AM