After removing to federal court a defamation lawsuit brought by the company
that makes lean finely textured beef (LFBT), ABC News has reportedly filed a
motion to dismiss claiming that its news stories referring to the product as
“pink slime” are protected speech under the First Amendment. Beef Products,
Inc. v. Am. Broadcasting Cos., Inc., No. 12-04183 (D.S.D., filed
October 24, 2012). Additional information about the lawsuit appears in Issue
453 of this Update. According to the news company’s motion, “Pink slime
is exactly the sort of ‘loose, figurative, or hyperbolic language’ that courts
recognize demands protection under the First Amendment.” ABC reportedly
contends that the lawsuit challenges the rights of news organizations to
“explore matters of obvious public interest—what is in the food we eat and
how that food is labeled.” See Reuters, October 31, 2012.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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