Poultry giant Tyson Foods has 14 days to dismantle a national multimillion dollar ad campaign centered on the claim that its chickens are raised without antibiotics, a federal appeals court in Richmond ruled yesterday.

Tyson, based in Springdale, Ark., will have to remove posters and brochures from 8,500 grocery stores nationwide.

“We’re disappointed the motion for a stay has been denied and are evaluating our legal options,” said Gary Mickelson, a spokesman for Tyson Foods. “We continue to believe we have acted responsibly in the way we have labeled and marketed our products and intend to stand our ground.”

The ruling is a setback for Tyson in its ongoing battle with two of its competitors Sanderson Farms based in Laurel, Miss., and Perdue Farms, based in Salisbury, Md. The two companies jointly sought an injunction to stop Tyson’s ad campaign, arguing the “raised without antibiotics” claim misleads consumers by making it appear Tyson’s chicken is safer or more healthful.

Sanderson and Perdue initially based their legal challenge on Tyson’s practice of feeding chickens ionophores, an antibiotic used only in animals raised for food. Sanderson and Perdue also use ionophores.

Then during trial in federal court in Baltimore, Tyson officials acknowledged they also inject eggs several days before they hatch with antibiotics that are approved for use in humans. Dave Hogberg, Tyson’s senior vice president for consumer products, said it is a common industry practice.

Hogberg said injecting eggs with antibiotics did not undermine the “raised without antibiotic” label because the term “raised” is understood to cover the period that begins with hatching.

More consumers are becoming concerned about the use of antibiotics in poultry, swine and cattle because they and many public health experts think that it contributes to the rise of antibiotic-resistant viruses in humans.

The dispute between Tyson and its competitors began last year, when Tyson announced it would raise its chickens without antibiotics, as part of a larger effort to relaunch its brand. It sought approval from the U.S. Department of Agriculture for the use of the label “raised without antibiotics.” USDA initially approved the language, then last fall reversed itself, saying it had made a mistake.

Full Story: http://www.washingtonpost.com/wp-dyn/content/article/2008/05/01/AR2008050103514.html