US court says Tyson must stop advertising claims
// 24 Apr 2008
A federal judge in Maryland has ruled that Tyson Foods
must stop advertising that its chicken is "raised without antibiotics".
The ruling comes after competitors Sanderson Farms and Perdue Farms argued that Tyson’s
no-antibiotics claim was false and caused their companies financial
harm.
In his opinion granting the preliminary injunction, Judge Bennett wrote:
"This Court finds that consumers are being misled by Tyson's advertisements
proclaiming that its chicken is 'Raised Without Antibiotics.' ... Based largely
on Plaintiffs' consumer survey, this Court also finds that the qualified
language 'Raised Without Antibiotics that impact antibiotic resistance in
humans' is not likely to be understood by a significant portion of the consumer
public."
Tyson, however, said it plans to appeal the decision by US District Court Judge
Richard D. Bennett. “We strongly disagree with this decision and will appeal
since we firmly believe we have acted responsibly in the way we have labelled
and marketed our products,” Dave Hogberg, Tyson’s senior vice president of
consumer products, said in a statement.
Tyson will appeal the decision to the US Court of Appeals for the 4 th
Circuit in Richmond, Va.
"We've received overwhelming customer support for this product line and
intend to do everything possible to continue making it available to our
customers and consumers," Scott Rouse, senior vice president of Customer
Development for Tyson Foods, said in the statement.
Tyson shares fell 67 cents, or 3. 45%, to US$18.77 in Tuesday trading on
the New York Stock Exchange.
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