WASHINGTON, Oct. 23 - "The Corn Refiners Association (CRA) is
pleased that the court in the Western Sugar case has stricken the sugar
industry's state law claim under the California anti-SLAPP statute, which provides for early dismissals of meritless cases aimed at chilling freedom of expression," says Audrae Erickson,
President of the CRA. The sugar industry alleged that the CRA's
educational campaign to defend the merits of high fructose corn syrup
(HFCS) was deceptive. "To the contrary," Erickson said, "the
educational campaign is science based and supported by a wide variety of
medical and scientific experts."
SLAPP stands for "strategic lawsuit against public participation." The court on Friday, October 21, 2011,
granted CRA's anti-SLAPP motion, and rejected the sugar industry's
attempt to stop the CRA's speech concerning HFCS, finding that it was
"protected under the anti-SLAPP statute" and that the sugar industry
plaintiffs "have not met their burden to show a probability of
prevailing on their unfair business competition claim," beyond their
allegations.
As the prevailing party on its motion, under California's
anti-SLAPP law the CRA is now entitled to recover its attorneys' fees
and costs against the sugar industry members who brought suit.
Because
the anti-SLAPP statute applies only to state law claims, the sugar
industry's federal Lanham Act claim was not immediately dismissed
against the CRA, at this early stage of the case, where the court was
required to accept the allegations in the sugar industry's complaint.
"It is important to note that this does not mean the sugar industry's
allegations are true," Erickson said, "only that they have alleged
enough to get to the next stage of the case on the Lanham Act claim."
Apart from the CRA, the court granted a motion to dismiss all of the individual companies who manufacture HFCS.
The
CRA looks forward to demonstrating that Plaintiffs' remaining federal
claim, like their dismissed state law claim, lacks merit beyond the bare
allegations of the complaint. According to Erickson, "The sugar
industry is attempting to shut down free speech rather compete in the
marketplace."
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