Auvil

Grady and Lillie Auvil et al., suing on behalf of themselves and other similarly situated Washington State apple growers (“growers”), appeal from the district court’s summary judgment in favor of CBS “60 Minutes” (“CBS”). The district court held that the growers failed to prove the falsity of the message conveyed by the “60 Minutes” broadcast of “ ‘A’ is for Apple,” which concerned the use of Alar, a chemical sprayed on apples. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm because we agree that the growers have failed to raise a genuine issue of material fact as to the falsity of the broadcast.

BACKGROUND

On February 26, 1989, CBS’s weekly news show “60 Minutes” aired a segment on dami-nozide, a chemical growth regulator sprayed on apples. The broadcast, entitled “ ‘A’ is for Apple,” also addressed the slow pace of government efforts to recall the chemical. The broadcast was based largely on a Natural Resources Defense Council (“NRDC”) report, entitled Intolerable Risk: Pesticides in Our Children’s Food (“Intolerable Risk”), which outlined health risks associated with the use of a number of pesticides on fruit, especially the risks to children. “ ‘A’ is for…