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Food Libel Laws

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Submitted By koniec12
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First referred to as perishable product statutes, food libel laws, also known as food disparagement laws were first brought into the spotlight after a 60 minutes episode featuring Alar turned out to be catastrophic to the apple industry. The purpose of these laws are to protect economies by guarding their agricultural industries, and to protect farmers from food safety scares. In law suits in the United States the plaintiff (person doing the suing, in this case farmers) must prove that the defendant (the one making the claim) is deliberately, and knowingly spreading false information. Food libel laws contain strict requirements for the sort of proof that would be required to support a successful claim.
There are 13 states in the united states have passed veggie libel laws; Louisiana, Idaho, Mississippi, Georgia, Colorado, South Dakota, Texas, Florida, Arizona, Alabama, Oklahoma, Ohio, and North Dakota. Although each state had the laws enacted at different times, the laws still contain similar decrees. However only one state, Colorado, it is considered a criminal law, when compared to a civil law in the remaining 12 states.
There has been much controversy over these food libel laws. The main reason being is that most people consider these food libel laws unconstitutional. These laws are in direct contradiction of our first amendment. According to the first amendment, we as citizens have the right to freedom of speech, as well as freedom of expression. Even if someone is found innocent of defamation in a food libel law case, large legal fees will still have to be paid. Even when you win, you still lose.
There are two significant historical cases regarding food libel laws. The first suit we will look at is the controversy with Alar in 1989. This ultimately led to a large decline in the apple industry at this period in time. The second suit dealt with Oprah,

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