Friday, April 22, 2005

Cheese Friday: PETA rebuffed.


April 20th AP, San Francisco—The California Supreme Court is putting to pasture a lawsuit brought by an animal rights group alleging the California Milk Producers Advisory Board is falsely advertising that California's cows are happy... court in January ruled that Milk Producers Advisory Board, funded by farmers, is immune from being sued under false-advertising laws, just like other state agencies.

Whether the cows in a state milk board's ads are really happy is apparently none of the California courts' business.

The state Supreme Court denied review of an appeal Wednesday by People for the Ethical Treatment of Animals, which sued the California Milk Producers Advisory Board in December 2002. The board's ads, funded by dairy farms, showed cows grazing in green pastures with the slogan, "Great cheese comes from happy cows. Happy cows come from California.''

Actually, PETA declared, 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.

But San Francisco Superior Court Judge David Garcia ruled that the milk board could not be sued for false advertising or unfair business practices, the two laws invoked by PETA. He said they can be used only against individuals, companies and private associations.

A Court of Appeal panel in San Francisco agreed with Garcia in January, saying past rulings had established that government agencies are immune from lawsuits over their ads.

The court denied review without comment.

The case is PETA vs. California Milk Producers Advisory Board, S131634.

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