California Court Dismisses PETA’s “Happy Cows” Lawsuit
The last time we heard about People for the Ethical Treatment’s lawsuit against the California Milk Producer Advisory Board over that organizations “Happy Cows” advertising campaign, San Francisco Superior Court Judge David Garcia had dismissed the case. Garcia narrowly ruled that the advisory board was protected by sovereign immunity from such lawsuits.
PETA, you might remember, claims that California cows really are not happy, and that claiming they are in ads violates California’s state truth-in-advertising laws.
But PETA insisted on appealing Garcia’s ruling, and this month a Court of Appeal Panel in San Francisco agreed with Garcia, citing precedents including lawsuits dismissed against a University of California Hospital and the state’s Lottery Commission in dismissing the lawsuit.
Instead of filing a lawsuit, the court ruled that PETA has to file a complaint with the state director of Food and Agriculture who is empowered to decide whether or not to hold a hearing about the matter and whether the issue can be forwarded to a district attorney or state attorney general for prosecution.
No word yet on whether PETA will appeal the latest ruling, but don’t be surprised if they do.
Source:
Bob Egelko, San Francisco Chronicle, January 12, 2005.
Tags: California, Cows, People for the Ethical Treatment of Animals, United States