Tyson Sues USDA

In a new development in the “raised without antibiotics” chicken saga, the Wall Street Journal reported today that Tyson Foods has filed suit against the USDA, claiming itself to be the “victim of flawed regulatory procedures.”

The background on this issues was explained in an earlier post, Twists and Turns: Tyson’s Raised Without Antibiotics Claim.

As noted, the USDA recently learned that Tyson was using the antibiotic Gentamicin to prevent illness and death in its chicks, and as a result rescinded its approval of Tyson’s “raised without antibiotics” label.

Although Tyson initially said it was voluntarily withdrawing its label, it is now arguing that the USDA decision to rescind their approval was “arbitrary and capricious.”

The antibiotic is used in the Tyson hatcheries two or three days prior to the chicks hatch. Tyson argues that what happens prior to hatching is not part of “raising” the chicken. Instead, as the Journal reports, “Tyson says the correct interpretation of the word ‘raised’ should mean ‘the period between hatching and slaughter.’”

Tyson argues that inoculating the chicks “in ovo” is consistent with the claim because they have not hatched yet.

In a related development, the California law firm of Girard Gibbs is conducting an investigation on behalf of consumers who purchased Tyson chicken advertised or labeled as “raised without antibiotics.” Presumably this is in anticipation of a class action lawsuit.