In middle of defamation trial, ABC reaches settlement with South Dakota meat producer Beef Products Inc.

Jacqui Fatka, Policy editor

June 28, 2017

2 Min Read
Settlement reached in ‘pink slime’ lawsuit
All LFTB is frozen prior to being packaged and shipped to ground beef producers where it is blended with other beef trimmings to produce leaner and healthier ground beef blends.ABC News Defamation Trial

Ending an anticipated eight-week-long trial early, Beef Products Inc. (BPI) announced June 28 that it has received an undisclosed settlement amount from American Broadcasting Companies Inc. (ABC) regarding its libel case that alleged that ABC damaged BPI by referring to its signature product -- lean, finely textured beef (LFTB) -- as "pink slime" in a network news series.

The South Dakota meat producer filed a more than $1 billion lawsuit -- which, under South Dakota law, could have ballooned to as much as $5.7 billion -- against the network after the series, which ran in March 2012, resulted in BPI suspending operations at three manufacturing facilities in Amarillo, Texas; Garden City, Kan., and Waterloo, Iowa, and laying off more than 650 employees. By the end of the month-long ABC campaign, BPI claimed that its sales had been reduced by more than two-thirds. By May of the same year, BPI announced that the plant closures would be permanent and laid off an additional 86 employees from the corporate offices and remaining operation.

In September 2012, BPI filed a civil suit against ABC in circuit court in Union County, S.D., claiming that ABC knowingly disparaged BPI and LFTB in a series of reports with factually inaccurate statements that damaged BPI's reputation and destroyed its relationships with customers. After several attempts by ABC to have the case dismissed or moved, the trial began earlier in June.

A statement issued by BPI and the Roth family regarding the settlement of their libel and defamation case against ABC and reporter Jim Avila noted, “We are extraordinarily pleased to have reached a settlement of our lawsuit against ABC and Jim Avila. While this has not been an easy road to travel, it was necessary to begin rectifying the harm we suffered as a result of what we believed to be biased and baseless reporting in 2012. Through this process, we have again established what we all know to be true about lean finely textured beef: It is beef and is safe, wholesome and nutritious.

“This agreement provides us with a strong foundation on which to grow the business while allowing us to remain focused on achieving the vision of the Roth and BPI family,” the statement concluded.

ABC said in a statement it had reached an “amicable resolution” of the dispute.

“Throughout this case, we have maintained that our reports accurately presented the facts and views of knowledgeable people about this product,” ABC’s statement said. “Although we have concluded that continued litigation of this case is not in the company’s interests, we remain committed to the vigorous pursuit of truth and the consumer's right to know about the products they purchase.”

For more in-depth coverage of the trial, see the upcoming July 5 print edition of Feedstuffs.

About the Author(s)

Jacqui Fatka

Policy editor, Farm Futures

Jacqui Fatka grew up on a diversified livestock and grain farm in southwest Iowa and graduated from Iowa State University with a bachelor’s degree in journalism and mass communications, with a minor in agriculture education, in 2003. She’s been writing for agricultural audiences ever since. In college, she interned with Wallaces Farmer and cultivated her love of ag policy during an internship with the Iowa Pork Producers Association, working in Sen. Chuck Grassley’s Capitol Hill press office. In 2003, she started full time for Farm Progress companies’ state and regional publications as the e-content editor, and became Farm Futures’ policy editor in 2004. A few years later, she began covering grain and biofuels markets for the weekly newspaper Feedstuffs. As the current policy editor for Farm Progress, she covers the ongoing developments in ag policy, trade, regulations and court rulings. Fatka also serves as the interim executive secretary-treasurer for the North American Agricultural Journalists. She lives on a small acreage in central Ohio with her husband and three children.

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