Something to Chew On

Oprah Winfrey is being sued by a cattle interest with a beef. Winfrey, accused by a Texan of saying unkind things about beef, should know that seldom is heard a discouraging word about food down in Texas. In fact, there’s a state law against it.

This is a silly-sounding matter--proponents call it “food libel”--but a serious issue in big agricultural states like California and Texas. Sacramento so far has declined to adopt a food libel law, but the economic implications of a slur against the health or safety of, say, oranges or dates, has caught the Legislature’s notice.

The Texas lawsuit stems from comments Winfrey made on her television talk show. The broadcast featured Howard Lyman, an official of the U.S. Humane Society, who said 100,000 cows in this country die each year for unknown reasons and their carcasses are ground up for cattle feed. If just one had mad cow disease, he said, thousands of cattle might get the fatal ailment--and possibly humans. Winfrey’s response: “It has just stopped me from eating another burger!”

Paul Engler, owner of an Amarillo cattle feeding operation, claims that cattle futures and prices plunged after the show, costing him $6.7 million. His lawsuit is pending.

In California, efforts to create a civil cause of action for “veggie libel”--most recently last month--have failed. As they should have. There are, after all, those pesky little free speech guarantees Americans have sort of become used to.

It is unfortunate when a food scare harms growers. But should we muzzle debate over milk hormones or antibiotics in meat or hesitate to announce that there might be, say, E. coli bacteria in a batch of bean sprouts--all issues that have been in the news? Of course not.

Sen. Jim Costa (D-Fresno) has introduced a bill that would require the state to quantify damages that farmers say they suffered in the past decade because of disparaging statements about crops. That is a bad idea--the beginning of a slippery slope toward laws that would muzzle open discussion of food safety. Veggie libel? Please. What’s next--going after former President George Bush for his disparaging remarks about broccoli?