By Rachita Singh

In 13 states, people can be sued by food companies for criticizing their products. Food libel laws, also known as food disparagement laws or veggie libel laws, allow manufacturers to take legal action against food critics for libel, or false statements that lead to defamation. States that have passed these laws include: Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Louisiana, Mississippi, North Dakota, Ohio, Oklahoma, South Dakota, and Texas.

Food libel laws emerged in the early 1990s after a 60-minute episode on the dangers of Alar, a fruit growth regulator which was sprayed on apples, was aired on CBS. Following the airing of the episode, farmers and food companies began to suffer great loss as schools and supermarkets eliminated apples from menus and stores, and apple sales crashed. Nevertheless, Alar was banned, apple sales went back to normal and CBS was sued for libel; however, the court dismissed the case as the argument against CBS was far weaker than the real facts presented by CBS. Since then, food manufacturers have presented new proposals and stronger libel laws have been created to protect the reputation of food companies.

Although they have been made to protect the ‘reputation’ food companies, food libel laws seem to act as shields against any type of criticism which includes concerns over animal rights, food ingredients, processing, and even diseases that result from food contamination. Basic, research information presented in opposition of manufacturers can also be taken as libel and can be used to sue critics. The laws also favor food companies are they saved from legal expenses as the defendants must pay for the expenses of the plaintiff.

In 1998, Oprah Winfrey was taken to court for an episode on “The Oprah Winfrey Show,” in which she explored the risks involved in beef production causing mad cow disease. Although Winfrey won, the litigation was a long and expensive one as she had to pay for the charges of the plaintiff lawyers.

Even though not many cases regarding food disparagement laws have emerged over the years, the validity of these laws still remain a hot topic of discussion as they prevent environmental activists from challenging the ways of manufacturers. The research presented by the activists against manufacturers stand futile as even if the case is won, expenses are incurred.