Oprah Wins, but Loopholes Remain
Press release: February 1998

The verdict is in - and Oprah Winfrey and activist Howard Lyman have been found “not guilty” when a federal jury ruled she did not slander the beef industry in a 1996 show on mad cow disease. But EarthSave International, a non-profit educational group, remains concerned about the “veggie libel laws” and loopholes in the FDA’s “mad cow” protection practices.

Free speech on trial

Since the judge ruled that the cattlemen didn’t have a case under the “food disparagement” laws, the attention has turned away from whether or not these laws are unconstitutional. In typical libel cases, the burden of proof is on the plaintiff. But with food disparagement laws the burden is on the defense.

“We need to keep our attention on the ‘veggie libel laws’” says EarthSave President Stacey Vicari. “The verdict is great. But people might forget that these laws could make consumers and educational groups afraid to engage in healthy debate about important topics.”

"Mad Cow" loopholes

EarthSave is also concerned that current FDA rules leave dangerous loopholes in our protection from diseases like “mad cow.” During the infamous Oprah episode, ex-cattle rancher Howard Lyman exposed the widespread practice of feeding animals to other animals. This revelation shocked Winfrey and millions of Americans.

Last summer the FDA prohibited livestock producers from feeding cow remains back to cows, eight years after a similar ban was instituted in great Britain where scientists now believe that mad cow disease is responsible for some 20 deaths in humans. But the agency allowed the remains of pigs, horses and chickens (as well as blood and gelatin from any animal) to be used in animal feed. The rulings also allow animals known to have TSE diseases (such as sheep with scrapie) to be fed to pigs, fed to chickens, even turned into pet food.

EarthSave feels that the FDA ban may leave the door open to risk unless we ban the feeding of all animal parts to other animals being raised for human consumption. This has been done in other countries and the FDA should follow their lead.