Humane Society Sues USDA over Pork Slogan Deal

In a federal lawsuit filed Monday, the Humane Society of the United States has accused the National Pork Board of entering into an unlawful backroom deal with a lobbying group for the $60 million purchase of a slogan to the detriment of animal welfare and farmers.

The Humane Society is asking a federal court in Washington, D.C. to set aside the six-year-old agreement and order the U.S. Department of Agriculture (USDA) to recover funds that were distributed in connection with the deal.

At issue: the "Pork: The Other White Meat" slogan, which the National Pork Board acquired in 2006 from the National Pork Producers Council, an organization representing the interests of pork producers and whose agenda conflicts with that of the Humane Society.

It is a rather complicated suit with the National Pork Board at the center of the controversy. 

The board is a quasi-governmental entity that receives mandatory fees or so-called "checkoffs" totaling 40 cents for each $100 of hogs sold from independent pork producers. It is responsible for checkoff-funded research, promotion and consumer information projects as well as communicating with pork producers and the public.

The Humane Society and Harvey Dillenburg, an independent pig farmer, claim in the lawsuit USDA's approval of the funds for the slogan resulted in checkoff expenditures being unlawfully used to further lobbying efforts at the National Pork Producers Council (NPPC). The suit further alleges the price tag paid for the slogan is inflated, resulting in 20 annual installments of $3 million that continue today even though the slogan has been replaced with a new one.

The NPPC is no friend of the Humane Society, which has accused the organization of opposing measures that would treat animals, including egg-laying hens and pigs, more humanely.

Responding to the lawsuit, National Pork Board CEO Chris Novak declared the purchase of "The Other White Meat" registered trademark was "legitimate". He also pointed out the National Pork Board continues to use the old slogan.

Neil Dierks, the CEO of NPPC, stated "it appears there is no legal merit to this claim, and it is another desperate attempt by the radical activist group to severely curtail animal agriculture and take away consumer food choices."

The Humane Society sued USDA Secretary Tom Vilsack because his agency supervises the checkoff program and has the authority to reject expenditures that violate federal laws and regulations.

Stephanie Chan, a spokeswoman with USDA, did not immediately respond Tuesday afternoon to an emailed request for comment on the lawsuit.