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BPI-ABC trial continues in South Dakota

Attorneys for Beef Products Incorporated (BPI) continue to make their case against ABC News at their defamation lawsuit trial in Elk Point, South Dakota.

BPI is suing ABC for 1.9 billion dollars, saying that ABC’s repeated use of the term “pink slime” to describe its Lean Finely Textured Beef (LFTB) product, in a series of news reports in 2012, put the company on the brink of financial ruin.

Earlier this week, the jury heard from food safety consultant David Theno, who testified about a phone conversation he had with ABC reporter Jim Avila. Theno says as he tried to explain to Avila how LFTB was made, Avila responded, “You don’t have any integrity, you are just a shill for the company. I don’t need to hear this.” He says Avila then swore at him and hung up.

The jury also watched a video deposition of Avila, who defended his reporting and denied that he was biased towards BPI’s product. Asked why he continued to use the term “pink slime” in his reports, Avila replied, “because lean finely textured beef does not exactly roll off the tongue.”

In a separate video deposition, former ABC news anchor Diane Sawyer also defended Avila’s reporting.

BPI’s 1.9 billion dollar claim could be tripled under provisions of South Dakota’s Agricultural Food Product Disparagement Act. The company also plans to request punitive damages.