Source: Lisa M. Keefe, MEATINGPLACE, 8/3/18



Calling it “unnecessary, unprecedented and unconstitutional,” the Murphy-Brown unit of Smithfield Foods is appealing a federal judge’s gag order related to the series of nuisance lawsuits filed against the hog producer in North Carolina, according to court documents.

The gag order prevents anyone associated with the lawsuits, even neighbors, from speaking with a member of the press about the cases. More than two dozen such lawsuits have been filed against Smithfield in that state; the company has lost two of the cases so far.

The juries voted to pay the plaintiffs huge amounts in restitution for the odor and contamination they say they’ve suffered from as a result of the liquid manure that farmers have spread on their crops, sourced from Smithfield’s large hog farms in the area. The total damages, however, have been limited by state law.

Murphy-Brown argues that the gag order prevents its representatives from countering opinions expressed in the press that are critical of the company.

“In the face of adverse publicity resulting from the first two trials that is damaging Murphy-Brown’s reputation, eroding its corporate good will, and threatening the livelihood of North Carolina hog farmers, Murphy-Brown and many others have been forced to remain publicly silent,” the company said in its filing.

The gag order, issued by U.S. District Judge Earl Britt, prohibits anyone associated with any of the cases from speaking with reporters for as long as the cases are under way. That is likely to be years yet. Neither side in the case had asked for a gag order.

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