Tyson Loses Appeal on Ad Campaign

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NEW YORK A federal appeals court has ruled that Tyson Foods must comply with an order to remove misleading advertising.

A judge in Richmond, Va., gave Tyson 14 days to remove advertising from 8,500 stores that claim Tyson’s products are safer to eat because the chickens are raised without antibiotics. Havas’ Arnold, Boston, created the work in question.

Tyson had been appealing the ruling of a federal judge in Baltimore on April 22, which has granted a preliminary injunction against Tyson’s marketing that said its poultry products don’t contain antibiotics thought to lead to drug resistance in humans.

The action was initiated by Tyson’s competitors, Sanderson and Perdue, which claimed that Tyson’s ads were misleading because none of the companies use those types of drugs — and that consumers could be led to believe they and other companies are using the drugs.

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