Tannerite Sports, LLC v. NBCUniversal News Grp.

NBCUniversal News Group (NBC) (defendant) aired a televised segment and published an online article reporting on the dangers of exploding rifle targets manufactured and sold by Tannerite Sports, LLC (Tannerite) (plaintiff). Tannerite’s targets consisted of separately packaged chemicals—ammonium nitrate and pyrotechnic-grade aluminum powder—that detonated when they were mixed together and shot with a high-velocity bullet. The targets were widely available in sporting-goods stores and online. NBC reporter Jeff Rossen described the targets as “basically holding a bomb in my hand” and emphasized their potential misuse by criminals and terrorists. The reports included demonstrations of mixing the chemicals, outdoor explosions, and interviews with a firearms expert who called Tannerite’s targets “extremely dangerous” and like “buying explosives off the shelf,” as well as a senator who urged stronger regulation. Rossen did, however, acknowledge that the targets were safe to have in the studio and exploded only after the chemicals were mixed and a catalyst was applied. Tannerite sued NBC for defamation, claiming that NBC’s publications falsely suggested that Tannerite’s targets were “bombs on a shelf” as they were neither bombs nor dangerous on store shelves due to the separate packaging of their ingredients. The district court dismissed the complaint, holding that Tannerite failed to adequately allege falsity. Tannerite appealed.