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Texas Beef Group v. Winfrey

201 F.3d 680 (2000)

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Texas Beef Group v. Winfrey

United States Court of Appeals for the Fifth Circuit
201 F.3d 680 (2000)

  • Written by Brett Stavin, JD

Facts

Oprah Winfrey (defendant) hosted a talk show. Sometime after an outbreak of mad cow disease in Great Britain, Winfrey hosted an episode dedicated to dangerous foods. The episode included a segment on mad cow disease in which Winfrey stated that news of the disease caused her to stop cold from eating another burger. Additionally, several guests on the episode shared their views on the subject. Howard Lyman (defendant) asserted that mad cow disease would make AIDS look like the common cold. Lyman additionally accused the federal government of failing to take substantial measures to prevent an outbreak of mad cow disease in the United States. Lyman based his opinion on the federal government’s failure to ban ruminant-to-ruminant feeding, even though the industry had already instituted a voluntary ban. Following the airing of the episode, the market for beef crashed. Texas cattle ranchers, through the Texas Beef Group (plaintiff), sued Winfrey and Lyman in federal court under the Texas Disparagement of Perishable Foods Act and common-law business disparagement. The district court ruled against the Texas Beef Group, and the Texas Beef Group appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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