Compassion Over Killing Files Lawsuit Against Egg Producers Over Animal Care Certification

On February 15, Compassion Over Killing filed a lawsuit against several egg producers which display Atlanta-based United Egg Producers’ “Animal Care Certified” logo on cartons of eggs produced. The logo appears on eggs produced by more than 80 percent of egg producers in the United States, but Compassion Over Killing charges that the certification is deceptive to consumers.

United Egg Producers began its certification program in 2002. According to the UEP web site, egg producers are audited annually as to whether or not they meet guidelines the UEP has set for animal care. According to UEP,

The guidelines place top priority on the comfort, health and safety of the chickens and include:

– Increased cage space per hen, which is being phased in to avoid market disruptions.

– Standards for molting procedures based on the most current, verified scientific studies.

– Standards for trimming of chicksÂ’ beaks, when necessary, to avoid pecking and cannibalism.

– Maintaining constant supply of fresh feed, water and air ventilation throughout the chicken house and monitoring for ammonia.

– Standards for daily inspection of each bird as well proper handling and transportation.

– Availability of a new training video to instruct producer staffs on the proper handling of chickens to avoid injury to the animals.

Producers which comply with the standards set out by United Egg Producers are allowed to have their eggs carry an “Animal Care Certified” stamp.

According to a press release, Compassion Over Killing filed it lawsuit, “alleging that the “Animal Care Certified” (ACC) logo stamped on egg cartons deceives shoppers by conveying a false message of humane animal care.” Compassion Over Killing claims the certification is deceptive because the guidelines still allow egg producers to,

* Confine birds in cages so small they can’t even spread their wings,

* Slice off parts of their beaks without painkiller, and

* Starve them to the point where they’ve lost up to 30 percent of their bodyweight.

Compassion Over Killing notes that the Better Business Bureau examined the certification label at COK’s request and found it deceptive, but, of course, the BBB has no sort of legal authority in this area, and so far the Federal Trade Commission hasn’t taken up the issue.

A spokesman for the United Egg Producers told the Associated Press that COK’s lawsuit was “a nuisance lawsuit.”

Sources:

Animal Advocacy Group Sues Over Eggs. Associated Press, February 15, 2005.

Animal Care. United Egg Producers, Undated.

COK Takes Retailers and Egg Producer to Court for Misleading Claims on Egg Cartons. Press release, Compassion Over Killing, February 15, 2005.

Karen Davis on Bird Brains

The Washington Post recently published a summary of new research on avian brains that suggests they are more complex than previously believed which, in part, has implications for how birds evolved. Specifically, the researchers found that avian brains are more mammalian than previously believed and call for changing the nomenclature that scientists use to describe the avian brain to reflect this finding.

This, of course, was an open invitation for United Poultry Concerns’ Karen Davis to chime in with her twist on the new findings about avian brains. In a letter published in the Washington Post on February 12, Davis wrote,

Rick Weiss’s Feb. 1 news story, “Bird Brains Get Some New Names, And New Respect,” was deeply gratifying to those of us who spend our days with birds. We have been waiting to see scientific language and understanding catch up with the reality of bird intelligence. I spend my days with domestic chickens and turkeys, birds that have long been denigrated as stupid, despite ample evidence to the contrary. Just watch a hen calculate how to speed to her perch at night to avoid a certain attentive rooster in the way, and you know that a smart chick is looking out for her own interests.

The day may come when to be called a “chicken” or a “turkey” will be rightly regarded as a salute to a person’s intelligence.

I think there’s some opening for common ground here between activists and opponents. I think we can all agree that the chickens and turkeys Davis spends her days with are at least as intelligent as she is. See, we really can all get along.

And I can’t leave this without pointing out that when UPC posted a copy of Davis’ letter to AR-NEWS, they also urged people wanting more information about this research to visit AvianBrain.Org. I promptly followed their suggestion, but was horrified to see what are clearly the results of animal research all over the site, including illustrated cross-sections of the avian brain.

What about the animals who died for just to satisfy the curiosity of these mad scientists? I thought research like this was done just to make researchers rich?

Source:

Letter to the editor. Karen Davis, Washington Post, February 12, 2005.

Al Sharpton Joins PETA Campaign

People for the Ethical Treatment of Animals announced a new anti-KFC campaign this month featuring Democratic politician Al Sharpton.

In a press release, Sharpton said,

If KFC wants to take our money and use it to pay for sloppy practices that hurt animals, I say we send them a message that this is not going to happen.

Sharpton is featured in an 8-minute PETA video in which he says, in part,

KFC is not black owned, but it sure knows to market heavily to African Americans … obviously hoping we won’t care about what they do the underdog, or in this case, the underchicken … So, if KFC wants to take our money and use it to pay for sloppy practices that hurt animals—I say we send them a message that this is not going to happen. I’m calling on people to boycott KFC until they adopt animal welfare systems recommended by PETA and until they stop the worst abuses of the birds they raise for their restaurants.

I just have one question about Sharpton’s newfound animal rights activism — how long before he starts accusing KFC of having raped Tawana Brawley? Perhaps they should deploy Sharpton to work on the “Holocaust On Your Plate” as Sharpton was prone to comparing New York State Attorney General Robert Abrams to Adolf Hitler and claimed that Gov. Mario Cuomo had ties to the KKK.

Certainly, Sharpton will fit in well with PETA’s culture of distortions and lies.

Sources:

Sharpton Joins Call for Boycott of KFC. Associated Press, February 5, 2005.

Sharpton joins with an animal rights group in calling for a boycott of KFC. Melanie Warner, New York Times, February 2, 2005.

Rev. Al Sharpton Preaches Compassion for Chickens. PETA, Undated.

Community Leader Backs PETAÂ’s Demands for Elimination of Live Scalding and Painful Debeaking of Chickens. Press Release, PETA, February 2, 2005.

Maryland State’s Attorney Acquits Perdue Farms of Cruelty Charges

In an odd outcome the Worcester County State’s Attorney, Joel Todd, essentially acquitted Perdue Farms of charges of animal cruelty that the company faced in Maryland.

The case began when Compassion Over Killing charged the chicken producer with animal cruelty. COK outreach coordinator Joshua Balk worked at a Perdue plant in Showell, Maryland, which has since been closed.

While an employee, Balk videotaped the processing line, and later turned that videotape over to prosecutors claiming that it showed animal abuse and the results of what COK believes is improper or non-existent training of workers.

Todd met with Worcester County Sheriff Chuck Martin, Compassion Over Killing general counsel Carter Dillard, and Balk. At that time, Todd expressed his view that the videotape did not show a crime. He told The Maryland Coast Dispatch,

We all met and reviewed the tapes together. I felt the evidence lacked merit, and there was no probable cause that Perdue Farms was guilty of any crime based on the information provided to me. They committed no crime.

But after viewing the tape for himself, Worcester County District Commissioner Earline Loomis decided that the evidence on the videotape did warrant prosecution of Perdue Farms for animal cruelty.

Under Maryland law, however, a state’s attorney can “confess a verdict of not guilty” which effectively pre-empts a trial and functions the same as a not guilty verdict in that the defendant cannot be retried on the charge. According to the Maryland Coast Dispatch, this is rarely used, but Todd invoked this power nonetheless to pre-empt the Perdue Farms trial and effectively acquit the company of the abuse charges.

The decision to do so certainly caught Compassion Over Killing by surprise. Dillard told The Maryland Coast Dispatch,

In essence, the state intervened and prevented Perdue from ever having to go to court and be put in the spotlight to face these charges. We are very disappointed that Mr. Todd chose this very unusual procedure.

. . .

It is odd that you can get an acquittal, without the defendant even having to appear in court. This cut out the availability of public input . . .

Compassion Over Killing campaign director Erica Neier add,

The bottom line is that this sends a message that in Worcester County, corporations, especially Perdue Farms, don’t have to abide by Maryland’s animal cruelty laws. So, companies can handle animals in any manner they see fit.

Source:

Todd acquits Perdue of all charges in cruelty case. Benjamin Mook, The Maryland Coast Dispatch, February 4, 2005.

HSUS Wants Filmmakers to Boycott New Mexico

The Humane Society of the United States purchased a number of ads in the Sundance Film Festival Insider, the film festival’s daily program, urging filmmakers to stop making movies in New Mexico until the state bans cockfighting.

The text of the ad warns filmmakers that, “In New Mexico, ‘Entertainment’ Includes Watching Animals Fight to the Death.”

Currently about four major films are scheduled for shooting in New Mexico, and Governor Bill Richardson called HSUS’ tactic immature, according to the Associated Press.

Source:

NM cockfighting ban debate sparks boycott ads in Utah, citations in Idaho. Associated Press, January 25, 2005.

The HSUS Appeals to Filmmakers at Sundance for Support on N.M. Cockfighting Ban. Press Release, Humane Society of the United States, January 20, 2005.

Jason Baker Fined and Released by Vietnamese Authorities

People for the Ethical Treatment of Animals activist Jason Baker was fined $15 by authorities in Ho Chi Minh City, Vietnam for protesting outside a KFC in that city.

The Associated Press quoted Baker as saying,

Everyone knows Vietnam is not a place where you demonstrate.

. . .

I would do it over again in a heartbeat.

I would encourage him to do so (and maybe the next time he’s there, Baker might want to take note of the appalling human rights problem in Vietnam — or would that be asking too much of a “compassionate” person like Baker?)

Source:

Michigan man fined $15 after protesting outside KFC in Vietnam. Associated Press, November 25, 2004.