Tyson’s Motion to Dismiss rejected, Case Will Move Forward

Contact:

Katherine Paul, katherine@organicconsumers.org, 207-653-3090

Zach Corrigan, zcorrigan@fwwatch.org, 202-276-0159

 

DISTRICT OF COLUMBIA — The District of Columbia Superior Court rejected the motion to dismiss a lawsuit brought by Organic Consumers Association (OCA) and Food & Water Watch against Tyson Foods alleging the company makes deceptive sustainability and animal welfare marketing claims  about Tyson chicken products.

The lawsuit was filed in July 2019, under the District of Columbia Consumer Protection Procedures Act (CPPA). The nonprofits are represented by Richman Law & Policy, Animal Equality, and counsel for Food & Water Watch.

In dismissing Tyson’s motion to dismiss, the court ruled the nonprofit plaintiffs sufficiently alleged “injury to those consumers who have been or will be deceived by defendant’s alleged marketing and advertising.”

The court also rejected Tyson’s claim that the lawsuit violates the company’s First Amendment rights.

“We are pleased to see the court stand up for consumers and reject Tyson’s claims that no reasonable consumer would believe its false statements,” said Ronnie Cummins, OCA co-founder and director. “Now we look forward to holding Tyson accountable during the next phase of this legal battle in our ongoing campaign to protect consumers from patently false marketing claims.”

“We are thrilled that the court has turned back Tyson’s cynical attempt to deprive us of our day in court,” said Wenonah Hauter, Food & Water Watch executive director.  “Tyson’s inhumane chicken operations take a tremendous toll on the environment and Tyson’s attempt to deceive consumers into thinking otherwise cannot continue with impunity.”

Read the court’s decision here.

Food & Water Watch champions healthy food and clean water for all. We stand up to corporations that put profits before people, and advocate for a democracy that improves people’s lives and protects our environment. 

Organic Consumers Association (OCA) is a grassroots nonprofit consumer advocacy organization representing a network of more than 1 million consumers.