September 2024 Animal Law Updates: Is Tyson Lying About Its “Climate-Smart” Beef and “Net Zero” Emissions Goals?

The meat, dairy, and egg industries are notorious for lying to consumers. A company may claim, for example, that the well-being of animals is its priority, while investigation footage shows workers throwing, kicking, and hitting chickens for hours on end. When there’s evidence that companies are misleading consumers with specific statements, these consumers — and sometimes nonprofits representing their interests — can sue the companies for false advertising.

Attorneys at Earthjustice, Edelson PC, FarmSTAND, and Animal Legal Defense Fund have teamed up to represent the Environmental Working Group (EWG) in a recent false advertising lawsuit against Tyson: a lawsuit alleging that Tyson’s environmental promises mislead consumers and asking a court to enjoin Tyson from making them. The lawsuit focuses on two assertions: (1) that Tyson has “climate-smart” beef and (2) that Tyson is working to achieve “Net Zero” emissions by 2050.

Tyson’s Climate Footprint is, to Put it Bluntly, Terrifying

Most people reading this column don’t need to be taught how animal agribusiness is, without exaggeration, destroying the planet. EWG’s complaint against Tyson does an especially strong job of spelling out why. It explains how animal agribusiness is a leading cause of greenhouse gas emissions, including methane, a greenhouse gas that is approximately 84–87 times more potent than carbon dioxide on a 20-year timescale, and Nitrous oxide, a greenhouse gas that is almost 300 times more potent than carbon dioxide on a 100-year timescale. It then breaks down how the industry pollutes at every stage of production, including the following:

• the guts of ruminant animals, such as cattle and sheep, produce methane as the animals digest food;
• companies store waste in liquid form in huge (and often unlined) pits, euphemistically called lagoons, where it decomposes under anaerobic conditions and releases methane;
• excess fertilizer used to grow crops for animal feed and from manure releases nitrous oxide;
• grazing and crop production for animal feed account for approximately 50 percent of land use in the contiguous United States, totaling almost one billion acres. This use of large amounts of land for grazing cattle and feed production for cattle, pigs, and chicken has led to the conversion of grasslands and deforestation, with huge swaths of the Amazon and other forests and grasslands razed and burned for cattle ranching and crop production — which both releases greenhouse gases and eliminates sources of carbon sequestration;
• on- and off-site energy, such as for irrigation pumps, ventilation fans at confined animal facilities (without which the animals would suffocate in their own fumes), and tractors and other machinery, uses large amounts of carbon dioxide;
• manufacture of fertilizers and pesticides and other agricultural chemicals to grow animal feedstock is energy-intensive and releases additional carbon dioxide;
• the slaughtering of animals and the rendering, packaging, and storing of meat use energy and release greenhouse gases.

Tyson Knows Its Climate Marketing Impacts Consumers

After breaking down the environmental impacts of animal agribusiness, EWG’s complaint turns its attention to Tyson and its marketing claims. The Complaint points to Tyson’s own statements in presentations to ranchers, a Climate Disclosure Project (“CDP”) questionnaire, annual reports to the U.S. Securities and Exchange Commission, newspaper advertisements, website statements, and other advertising. Tyson, the complaint alleges, is well aware that consumers increasingly make purchasing decisions based on products’ environmental impact, which is why Tyson has pushed environmental claims like “climate-smart” beef and “Net Zero” emissions goals. There is simply no such thing, however, as “climate-smart” beef. And regarding the Net Zero plan, Tyson does not have the data to monitor all its emissions, let alone eliminate them. Rather, as the complaint explains, eliminating emissions from animal agribusiness is not possible. Among many reasons:

• there are no agricultural practices today that eliminate nitrous oxide emissions from industrial-scale feed production;
• enteric fermentation in the guts of cattle, a leading cause of methane production, is a fundamental part of ruminant biology;
• Tyson cannot achieve net zero by purchasing “carbon offsets”—reductions of carbon emissions or increases in carbon sequestration elsewhere—given the scale of its own emissions.

It’s unsurprising, then, that per the complaint, “[t]here is no evidence that Tyson has a plan remotely commensurate with the scale of the challenge.” To the contrary, Tyson’s board has voted against eliminating deforestation from its supply chain by 2025 and plans to expand its worldwide operations. The corporation cannot lawfully tell consumers otherwise.

For the three people keeping tabs, I promised last month that this September 2024 column would focus on nonprofits and, specifically, their access to courts. I’ll cover that next month, and I do appreciate the irony. In the meantime, check out previous Animal Law Updates:

• August 2024 Animal Law Update: A Redistribution of Regulatory Power
• June 2024 Animal Law Updates: Pigs, Ducks, Gas Stations, & Abortion
• May 2024 Animal Law Updates: The Gambit and the Other Shoe
• April 2024 Animal Law Updates: Investigations and the Law
• March 2024 Animal Law Updates: A New Age of Animal Law
• February 2024 Animal Law Updates: Don’t Drain the Swamps
• Animal Law Updates: 2023’s Biggest News and Trends for Animals in Court
• November 2023 Animal Law Updates: Will Animals be Recognized as Family Members in South America?
• October 2023 Animal Law Updates: Big Money
• September 2023 Animal Law Updates: A Small Petition With Big Implications
• August 2023 Animal Law Update: Go Local
• July 2023 Animal Law Update: Someone is Suing the FBI?
• June 2023: Animal Law Updates
• May 2023: Animal Law Updates
• April 2023: Animal Law Updates

Easy Ways to Help the Planet:

• Eat Less Meat: Download Food Monster, the largest plant-based Recipe app on the App Store, to help reduce your environmental footprint, save animals and get healthy. You can also buy a hard or soft copy of our favorite vegan cookbooks.
• Adopt-a-Pet: Visit WildWatchers, a watchdog platform specifically designed for animal, earth, and wildlife warriors to actively give back, rescue, and protect animals and the planet.
• Reduce Your Fast Fashion Footprint: Take initiative by standing up against fast fashion Pollution and supporting sustainable and circular brands like Tiny Rescue that raise awareness around important issues through recycled zero-waste clothing designed to be returned and remade repeatedly.
• Support Independent Media: Being publicly funded gives us a greater chance to continue providing high-quality content. Please consider supporting us by donating!
• Sign a Petition: Your voice matters! Help turn petitions into victories by signing the latest list of must-sign petitions to help people, animals, and the planet.
• Stay Informed: Keep up with the latest news and important stories involving animals, the environment, sustainable living, food, health, and human interest topics by subscribing to our newsletter!
• Do What You Can: Reduce waste, plant trees, eat local, travel responsibly, reuse stuff, say no to single-use plastics, recycle, vote smart, switch to cold water laundry, divest from fossil fuels, save water, shop wisely, Donate if you can, grow your food, volunteer, conserve energy, compost, and don’t forget about the microplastics and microbeads lurking in common household and personal care products!