Legal Definitions - food-disparagement law

Food-disparagement law refers to specific state statutes that allow food producers, processors, and distributors to sue individuals or groups who make false or misleading statements about their perishable food products. These laws are also sometimes known as agricultural-disparagement laws or "veggie libel laws."

The primary purpose of food-disparagement laws is to protect the reputation and economic viability of agricultural products from unsubstantiated criticism. While similar to general defamation laws, food-disparagement statutes often provide a lower burden of proof for the plaintiff (the food producer) or offer different avenues for damages, making it potentially easier for them to win a lawsuit against someone who disparages their products.

Here are some examples illustrating how food-disparagement law might apply:

• Example 1: Unsubstantiated Claims by a Media Outlet

  A local television news program airs a segment featuring a supposed expert who claims, without presenting any scientific evidence, that a specific brand of locally grown tomatoes is routinely contaminated with a dangerous chemical due to the farm's irrigation practices. Following the broadcast, the tomato farm experiences a drastic drop in sales and receives numerous complaints from retailers. If the farm can prove that the claims made on the news program were false and caused them financial harm, they could potentially sue the news outlet and the individual under food-disparagement law.

  This illustrates food-disparagement law because it involves a false statement made about a perishable food product (tomatoes) that negatively impacts the producer's business, potentially allowing the producer to seek legal recourse under these specific statutes.

• Example 2: Misleading Statements by an Activist Group

  An animal rights advocacy group launches a widespread social media campaign asserting that all eggs produced by a large regional poultry farm are sourced from chickens suffering from a highly contagious disease, despite official veterinary reports confirming the flock's health. The farm's contracts with major grocery chains are subsequently canceled, leading to significant financial losses. The poultry farm might invoke food-disparagement law to sue the activist group for making false and damaging claims about their product.

  This example demonstrates food-disparagement law in action when an organization makes unsubstantiated claims about the safety or quality of a food product (eggs) that directly harms the producer's reputation and economic standing.

• Example 3: False Accusations by a Competitor

  A small dairy company begins spreading rumors to its customers and through local advertising that a competing, larger dairy's pasteurized milk products are frequently watered down and do not meet federal purity standards. These claims are entirely false and lead to a noticeable decline in the larger dairy's market share. The larger dairy could pursue a food-disparagement lawsuit against the smaller competitor for making false statements that harm the reputation and sales of their milk products.

  This scenario highlights how food-disparagement law can be used to address false statements made by one business about a competitor's food product (milk), especially when those statements are damaging to the competitor's business and reputation.