PCRM

Physicians Committee for Responsible Medicine v. Tyson Foods, Inc.

Good Law
119 Cal. App. 4th 120·13 Cal. Rptr. 3d 926·2004 Cal. App. LEXIS 836·2004 Daily Journal DAR 6501·2004 Cal. Daily Op. Serv. 4705
Court of Appeal of CaliforniaJune 1, 2004A103835California3,867 words

Opinion

Opinion

Swager, J.

Physicians Committee for Responsible Medicine (hereafter PCRM) appeals an order granting the motion of defendant and respondent Tyson Foods, Inc. (hereafter Tyson) pursuant to Code of Civil Procedure section 425.16 to strike four causes of action of PCRM’s complaint. We reverse.

PROCEDURAL BACKGROUND

In a suit for injunctive relief, PCRM alleges that Tyson made false and deceptive representations about chicken products that it sold to consumers in California. PCRM alleges it is a nonprofit health-advocacy organization, which claims to have 24,000 members in the state. Tyson is the world’s largest poultry producer and sells more than 25 percent of the total chicken meat products consumed by Americans.

The complaint alleges that Tyson engaged in two advertising campaigns, which disseminated false and deceptive statements about its products, in violation of Business and Professions Code section 17500. The first and second causes of action concern advertisements carried on the allrecipes.com Web site, in which Tyson allegedly portrayed chicken meat as a “heart-healthy” food and advised consumers to serve chicken “as often as you like.” The advertisement then lists Tyson’s…

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