History
In 1998, television talk-show host Oprah Winfrey and one of her guests, Howard Lyman, were involved in a lawsuit surrounding the Texas version of a food libel law known as the False Disparagement of Perishable Food Products Act of 1995, for a 1996 episode of her show in which the two made disparaging comments about beef in relation to the mad cow scare. Although they were not the first people to be sued using this type of legal action, this case created a media sensation and is the example most people associate with food libel litigation.
These laws vary significantly from state to state, but food libel laws typically allow a food manufacturer or processor to sue a person or group who makes disparaging comments about their food products. In some states these laws also establish different standards of proof than are used in traditional American libel lawsuits, including the practice of placing the burden of proof on the party being sued.
In a normal U.S. libel suit, the plaintiff must prove that the defendant is deliberately and knowingly spreading false information. Under the Texas food disparagement law under which Winfrey and Lyman were sued, the plaintiffs — in this case, beef feedlot operator Paul Engler and the company Cactus Feeders — had to convince the jury that Lyman's statements on Winfrey's show were not "based on reasonable and reliable scientific inquiry, facts, or data." As a basis for the damages sought in the lawsuit, the plaintiffs noted that cattle futures dropped 10 percent the day after the episode, and that beef prices fell from 62 cents to 55 cents per pound. Engler's attorneys argued that the rancher lost $6.7 million, and the plaintiffs sought to recoup total losses of more than $12 million.
The jury in the case found that the statements by Winfrey and Lyman did not constitute libel against the cattlemen. However, Winfrey no longer speaks publicly on the issue, going so far as to decline to make videotapes of the original interview available to enquiring journalists.
Read more about this topic: Food Libel Laws
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