Consumers who lodged a false advertising claims lawsuit are waiting to hear whether or not a judge will grant the defendant’s request to throw the suit out. The lawsuit alleged that a large turkey producer, Diestel, was not truthful about how the birds on their farms are raised. False advertising claims like this one may prompt the company to update their marketing materials. The costs associated with a false advertising claims lawsuit can be quite high and many are settled outside of court.
An animal rights group in the Bay Area known as Direct Action Everywhere filed the lawsuit in early 2016 along with a consumer who believes that the marketing tactics by the company are proof of false advertising claims that deceived consumers.
False Advertising Claims Suit Pinpoints Animal Rights
The specific phrases named in the false advertising claims lawsuit include “range grown”, “thoughtfully raised”, and “slow grown.” The animal rights group alleges their a 2015 video captured by them reveals abusive practices towards the turkeys.
A sample testing of the turkeys, as alleged in a 2017 amended complaint, says that the turkeys tested positive for antibiotics and other drugs like ketamine. The company fought back against that complaint by saying that the USDA regulates those matters and had already approved the labels under question.
The lawsuit asks for punitive and monetary damages in addition to the discontinuation of labels that say things like “thoughtfully raised” in any of the marketing materials for the company. The company believes that since the animal rights organization doesn’t support meat production or consumption of any type that the turkey ranch is being unfairly targeted by the false advertising claims. The company denies abuse of the turkeys and any false advertising claims that they are using marketing statements not in line with the truth.
The turkey ranch was originally established in 1949 and provides turkeys throughout California, including at many Whole Foods locations. The company says that their track record in producing high-quality turkeys raised under good conditions speaks for itself. Their website also says that they have consistently received a 5+ rating from the Global Animal Partnership, an organization that carries out audits over the course of the year.
The company, in their response to the false advertising claims, says that they only send turkeys to the Sonora farm for processing after slaughter. The false advertising claims lawsuit, however, says that the company is not being truthful about the conditions under which the birds are raised. The lawsuit says the birds are raised in “deplorable conditions.”
A previous settlement with the company involved their on-site commercial use pens on the Sonora ranch location because the turkey ranch was accused of spilling poultry manure into a nearby creek. That creek connected to the Phoenix Lake Reservoir. The company responded to the statements in that report leading to the settlement by saying that the statements were taken out of context.
The company’s website also contains marketing that states the turkeys are never given growth stimulants, antibiotics, or hormones.
If you or someone you know believes you have grounds for a false advertising claims lawsuit, you need to speak with the lawyers at Bradley/Grombacher- fill out the form on this page to learn more.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.