The USDA’s Food Safety and Inspection Service (FSIS) on August 28 rejected the Environmental Working Group’s petition demanding greater oversight of climate claims.
But EWG didn’t wait long before picking a target and filing a federal lawsuit. The environmental and consumer organization has filed a lawsuit against Tyson Foods Inc., the second-largest meat company in the U.S. and the world, accusing the company of making “false or misleading” marketing claims targeting DC consumers concerned about climate change.
In denying the petition, FSIS said it requires independent third-party verification and numerical disclosure of carbon emissions when such claims are made on the packaging of beef products.
It said the EWG petition was denied “after careful review of the petition and comments.”
The Environmental working group filed a 33-page complaint in DC Superior Court under the District of Columbia Consumer Protection Procedures Act, or CPPA.
The lawsuit challenges Tyson’s claims that industrial meat production will achieve net-zero greenhouse gas or greenhouse gas emissions by 2050 and that it produces “climate-friendly” beef.
Many government climate claims use 2050 as the year in which the targets will be achieved.
The lawsuit aims to stop Tyson from continuing to make these “unsubstantiated” environmental claims. The groups are calling on Tyson to retract his misleading statements and be held accountable for violating the CPPA.
Tyson, which produces about 20 percent of U.S. beef, chicken and pork, has greenhouse gas emissions that exceed those of Austria or Greece, according to the EWG. Beef production is responsible for 85 percent of the company’s emissions.
According to the complaint, Tyson is promoting a commitment to achieving net-zero emissions by 2050 and has been marketing “climate-smart beef” for more than a year.
The lawsuit further alleges that Tyson’s annual revenue will exceed $53 billion by 2022, while spending on greenhouse gas reduction practices will be less than $50 million, representing less than 0.1 percent of revenue.
It further accuses Tyson of being aware that consumers are interested in – and willing to pay more for – climate-friendly food and trying to take advantage of this by taking credit for progress the company has not made and has no serious plans to achieve this.
Tyson has not yet responded to the lawsuit.
The EWG charges that Tyson’s net-zero and climate-friendly beef claims are false or misleading.
According to the EWG, Tyson’s greenhouse gas emissions are enormous and the company has never attempted to fully measure them or make a detailed inventory public. Tyson omits major sources of emissions from its public accounting for greenhouse gas emissions, including land use and land use changes associated with grazing and livestock feed production. There is no credible evidence that Tyson plans to significantly change its current operations.
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