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Texas Cattlemen v. Howard Lyman
and Oprah
In April of 1996, Mr. Lyman
(a former cattle rancher and now food-safety expert) was invited
to appear on Oprah to discuss Mad Cow disease,
food production, and the rendering process. He was part of a
discussion of experts, including an expert from the beef
industry, about food safety in the U.S. This included
a discussion of potential health risks from e-colii and mad
cow disease (which only weeks before was making headlines in
Britain and throughout the world). When Mr. Lyman explained
that cows are being fed to cows, Ms. Winfrey seemed to be repulsed
by this thought, and exclaimed that it had just stopped her
cold from eating another hamburger.
The show aired on a Monday, and beef futures -- which had been
in a steep decline due to drought, over-supply and a number
of complex factors -- fell further on Tuesday. (Pundits
referred to this as the "Oprah crash.") The cattle
industry was apparently outraged, and pulled hundreds of thousands
of dollars worth of TV advertising in retaliation.
Pressured by television executives to mollify the cattle industry,
Oprah offered to do an hour-long segment in which experts from
the cattle business could debate Mr. Lyman on her show. However,
the cattlemen refused to appear on the show if Lyman were going
to be present. They did not desire such a debate.
So, Oprah subsequently permitted a cattle business "expert"
to appear and speak for ten minutes on her show, presenting
the meat industry "side" in which the meat industry
could say whatever they wished, secure in the knowledge that
no opposing or questioning viewpoint would be heard.
A short time later, some Texas cattlemen, led by billionaire
Paul Engler, owner of Cactus Feeders, Inc., filed suit
against Lyman, Oprah, Harpo Productions (which produces Oprah)
and King World Syndicator (King World was released from the
suit by summary judgement). The lawsuit alleged
Lyman and Oprah had violated a Texas law which
forbids someone from "knowingly making false statements"
about agricultural business. The cattlemen have alleged
that the all-powerful and God-like Oprah is responsible for
the decline in beef futures.
A trial is underway in Amarillo, Texas -- smack in the middle
of cattle ranching country, from which the jury has been selected
-- despite numerous requests from the defendants to move the
trial to another part of Texas.
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