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Dairy farms can keep milking their 'Happy Cows' campaign

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Dairy farms can keep milking their 'Happy Cows' campaign

Bob Egelko, Chronicle Staff Writer

Wednesday, January 12, 2005

 

http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/01/12/BUG0TAOPRK1.DTL

 

An animal-rights group's suit against a state milk board for its

" Happy Cows'' advertising campaign was put out to pasture Tuesday by

a state appeals court, which said state agencies can't be sued for

false advertising.

 

People for the Ethical Treatment of Animals filed the suit in

December 2002 against the California Milk Producers Advisory Board,

whose ads showed cows grazing in green pastures with the slogan,

" Great cheese comes from happy cows. Happy cows come from

California.''

 

The ads, funded by dairy farms, were misleading, Peta argued, because

California dairy cows commonly spend their lives in dirt and mud, are

repeatedly impregnated and milked throughout their pregnancies, often

suffer painful maladies, and are slaughtered when they can no longer

meet the industry's production demands.

 

A court may not be able to tell whether cows are truly happy, the

organization said, but it should decide whether consumers are being

led down the primrose path.

 

San Francisco Superior Court Judge David Garcia dismissed the suit,

saying the false-advertising and unfair-competition laws invoked by

Peta can be used only against individuals, companies and private

associations, not government agencies.

 

A Court of Appeal panel in San Francisco agreed, relying on past

rulings that dismissed suits against a University of California

hospital and the state Lottery Commission.

 

A complaint about a state-run agricultural marketing program must be

filed with the state director of Food and Agriculture, who can hold a

hearing or refer the matter to a district attorney or the state

attorney general, the court said.

 

E-mail Bob Egelko at begelko

 

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Dairy farms can keep milking their 'Happy Cows' campaign

 

Bob Egelko, Chronicle Staff Writer

Wednesday, January 12, 2005

 

An animal-rights group's suit against a state milk board for its " Happy

Cows " advertising campaign was put out to pasture Tuesday by a state

appeals court, which said state agencies can't be sued for false

advertising.

 

<http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/01/1

2/BUG0TAOPRK1.DTL & type=business>

 

 

 

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