Judge
Cheryle Gering says calling the product from Beef Products Inc. (BPI) “pink
slime” could be “reasonably interpreted” as implying it’s not fit to eat.
She ruled
on Thursday to allow most of BPI’s $1.2 billion defamation case against ABC
News and others to proceed.
She did
not rule on whether defamation occurred, only that in 22 of the 27 claims, including
alleged product disparagement and interference with business relationships, BPI could continue
to pursue its case against the network, and on-air personalities Jim Avila and
Diane Sawyer, according court documents.
"The
entirety of the broadcasts can be reasonably interpreted as insinuating that
plaintiffs are improperly selling a product that is not nutritious and/or not
safe for the public's consumption," the South Dakota judge wrote in her
ruling.
Gering
also said the contexts in which ABC made certain of its statements justified
allowing BPI company to continue its case.
