Diane Sawyer asks judge to dismiss $1.2 BILLION 'pink slime' defamation lawsuit against ABC 

  • Diane Sawyer, along with ABC and correspondent Jim Avila, are asking a South Dakota judge to dismiss the suit after 2012 reports about beef
  • In the report, former USDA scientist Gerald Zirnstein said 70per cent of ground beef contained 'pink slime', a term he coined in 2002
  • It referred to food additive made from cow trimmings and exposed to ammonia gas before it was used as a filler in packages labeled 100% beef
  • Beef Product Inc said the 'vicious' reports caused three plants to shutter because it misled consumers into thinking the product was unsafe
  • In affidavits filed on Monday, Sawyer argued the report was conducted in the public's interest

Diane Sawyer, along with ABC and correspondent Jim Avila, are asking a South Dakota judge to dismiss a $1.2 billion defamation lawsuit over their reports about ground beef.

In the report, former USDA scientist Gerald Zirnstein said 70per cent of ground beef contained 'pink slime', a food additive made from trimmings and exposed to ammonia gas before it was used as a filler in packages labeled 100% beef.

Beef Product Inc., the company behind the additive, filed a lawsuit in 2012, claiming ABC's 'vicious' reports caused three plants to shutter and roughly 700 people to lose their jobs because it misled consumers into thinking the product was unsafe.

In affidavits filed on Monday, Sawyer argued the report was conducted in the public's interest before saying: 'I was surprised when supermarket chains decided to discontinue use of BPI's product altogether.'

Diane Sawyer, along with ABC and correspondent Jim Avila, are asking a South Dakota judge to dismiss a $1.2 billion defamation lawsuit over a 2012 report about ground beef (pictured)

Diane Sawyer, along with ABC and correspondent Jim Avila, are asking a South Dakota judge to dismiss a $1.2 billion defamation lawsuit over a 2012 report about ground beef (pictured)

In the report, former USDA scientist Gerald Zirnstein (left) said 70per cent of ground beef (right, file photo) contained 'pink slime', a food additive made from trimmings

To make lean, finely textured beef, the leftover trimmings from a cow, once 'used in dog food and cooking oil' are heated until the meat is separated from fat, the report stated.

The mixture is exposed to ammonia gas to make it safe to eat, before it is frozen and shipped to meat packers and grocery stores, where it is added to ground beef, according to the ABC report. 

While Zirnstein coined the term 'pink slime' in 2002, it became a household term after the 2012 report in ABC World News with Diane Sawyer.   

In affidavits filed Monday in support of motions seeking a summary judgment, Sawyer and Avila argued that the number of reports was driven largely by questions from viewers, as well as decisions by the government, supermarket chains and BPI. 

'My sole interest was to help the consumer by providing information,' Sawyer said in an affidavit filed on Monday

'My sole interest was to help the consumer by providing information,' Sawyer said in an affidavit filed on Monday

Their argument counters the lawsuit's characterization of the network's coverage as 'a monthlong vicious, concerted disinformation campaign against BPI.'

ABC's attorneys have argued that in each of its broadcasts, the network stated that the U.S. Department of Agriculture deemed the product safe to eat. 

They've said BPI might not like the phrase 'pink slime,' but like all ground beef, it's pink and has a slimy texture.

'My sole interest was to help the consumer by providing information to our viewers,' Sawyer states in an affidavit.

'I thought that our reporting might result in consumers getting more information from their grocers or might result in some form of labeling that would facilitate consumer choice. 

I was surprised when supermarket chains decided to discontinue use of BPI's product altogether.'

After the reports aired, some grocery store chains announced that they would stop carrying ground beef that contained the lean, finely textured beef.

The USDA also began offering school districts that received food through the government's school lunch program a choice in ground beef purchases.

In August, the judge hearing the case signed off on the dismissal of five defendants: ABC's news division; correspondent David Kerley; USDA microbiologist Gerald Zirnstein, who named the product 'pink slime;' former federal food scientist Carl Custer; and Kit Foshee, a former BPI quality assurance manager who was interviewed by ABC.  

The case is currently slated to go to trial in June. 

Beef Product Inc., (pictured) filed a lawsuit in 2012, claiming ABC's 'vicious' reports caused three plants to shutter and roughly 700 people to lose their jobs

Beef Product Inc., (pictured) filed a lawsuit in 2012, claiming ABC's 'vicious' reports caused three plants to shutter and roughly 700 people to lose their jobs

 

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