Farmers are encouraged to share their stories with consumers about how they raise and care for their animals.

Consumers seek that transparency and often support farms that provide it. However, farm businesses must be careful to provide true and accurate information that does not misconstrue or mislead. Animal rights organizations are watching, searching for ways to challenge farm claims and file lawsuits.

Michelle Pardo, a partner with the law firm Duane Morris LLP, Washington, D.C., shared tips on best practices and how to avoid possible litigation during an Animal Ag Alliance virtual meeting in May. Animal rights groups look for ways to sue, claiming violations in areas such as consumer fraud, First Amendment rights, and environmental and nuisance issues.

She called consumer fraud lawsuits “the darling of animal rights groups,” since these are most often filed against farms and food businesses.

“When a farm or company puts statements on labels, websites or advertising marketing materials that talk about animal welfare or talk about farm practices, the animal activists will challenge those as being misleading to the consuming public,” Pardo said. “They will bring in animal rights rhetoric about how commercial farming is inherently cruel. So, if you say you have high standards, [the implication is that] you must be lying to the public — and boom, you have a lawsuit.”

One derogatory term coined by activists, known as “humane washing,” is used to describe words or images that explain a level of animal care and treatment that they say is misleading and deceptive. Examples such as “natural,” “responsibly raised,” “humanely raised,” or images of green pastures, outdoor access and sunlight, fall into this category. Animals rightists contend that these constitute consumer fraud.

Be wary of consumer surveys

Gauging consumer interest in animal welfare is challenging. Pardo cautioned against data provided in consumer surveys conducted by animal rights groups.

“This is one way that animal rightists spread misinformation about consumers,” she said. “They are often used by activist groups to show that people are concerned about higher animal welfare and looking for humanely raised products. The problem is that activist groups conduct the surveys, and they don’t say where subjects are. They cite to each other, and then these surveys get passed around.”

To protect your farm against animal rights lawsuits, Pardo offered these best practices tips:

• Ensure accuracy in marketing and advertising. Don’t say things you can’t live up to. Do what you say you do. “If you don’t do them, it will leave you vulnerable,” she said.

• Do not skimp on due diligence in hiring. Conduct thorough interviews. This will prevent undercover events happening in the first place.

• Have effective training and compliance programs. These should include reporting of welfare issues.

• Consistently follow your own business protocols and procedures. “If you have procedures and policies in place, follow them,” Pardo said. “That will go a long way in litigation.”

• Livestock quality assurance programs could be helpful. They establish standards and practices. “If you comply above and beyond state and federal requirements, that will help,” Pardo said. “Often these programs have third-party audits or reviews. So, if you have one and you comply, it will help you.”

• Provide actual notice of falsity to animal rights groups. Call them out in a letter, and tell them exactly why their claims are wrong.

• Report any illegal activity or damage to the FBI and state law enforcement.

• Document and quantify all physical and monetary damage. This is especially important in criminal instances. “A prosecutor is never doing to bring a lawsuit unless he sees the magnitude of what is going on or a pattern in practice among groups,” Pardo said.

For more information on animal welfare, visit the Animal Agriculture Alliance's animal welfare webpage.