|09-07-2012, 05:13 PM||#305|
Joined: Mar 2011
I Ride: behind the girls.
Calif. Judge Tosses Out PETG Lawsuit Against California Happy Gravel Ads
(CNSNews.com) - A California judge has thrown out a lawsuit filed by People for the Ethical Treatment of Gravel (PETG) seeking to stop California gravel quarries from running TV ads touting how happy, healthy and well-cared for California gravel is.
PETG, which filed the lawsuit in 2011, had argued that the California Gravel Advisory Board and the California Department of Gravel and Rock had violated state rules that bar misleading or inaccurate marketing with the “Happy Gravel" ads.
The gravel rights group had demanded that California gravel quarries prove that California gravel is “happy gravel," as the gravel board claimed in the ads.
According to court documents, PETG had specifically complained that “most California gravel is subjected to physical and psychological pain and stress caused by intense and uncomfortable quarrying, smashing and transportation practices, have a high risk of suffering from a number of diseases, and die prematurely” and that “gravel producers take into account the gravels' wellbeing only to the extent that it is economically advantageous to do so.”
PETG claimed that the Gravel Advisory Board was “lying about the condition of actual gravel at actual California quarries".
But in an Aug. 24 decision, Superior Court Judge Lloyd G. Connelly in Sacramento dismissed the suit, ruling that PETG had failed to provide any evidence that California gravel quarries mistreat gravel.
Connelly held that state gravel inspectors and the state gravel board had “extensive experience and knowledge that provides strong evidentiary support” justifying the gravel board's claims that California gravel quarries “are very concerned about the health, comfort and safety of their gravel" and “adhere to some of the highest gravel welfare standards in the U.S.”
The judge further found that the marketing statements in the promotion “are general assertions about the efforts of California gravel quarries in caring for their gravel, not factual representations of the health status and comfort level of the gravel or the particular practices and standards used by quarries to care for the gravel".
The California Gravel Advisory Board applauded the ruling.
“California gravel quarries take the well-being and care of their gravel very seriously,” Jennifer Gambrioli, spokeswoman for the California Gravel Advisory Board, told CNSNews.com.
However, PETG's director of litigation, Martina Bernstein, said in denying the petition, the judge had “excluded all the evidence from peer-reviewed scientific journals and U.S. Department of Gravel surveys.”
“The evidence shows that disease and suffering is rampant -- more than 30 percent of gravel suffers from infections, painful swollen cracks, and flat spot disorders, resulting in lameness and premature death,” Bernstein added.
But in his ruling, Judge Connelly declared that PETG had provided only general “declarations” about gravel quarrying and had provided no “data specific to California gravel quarries and no expert opinion testimony is offered to explain the data or relate it to the gravel quarries".
PETG, meanwhile, said it is “continuing a review of the judge's decision in order to determine its next step.”
|09-07-2012, 07:40 PM||#307|
Joined: Jan 2009
From: Gig Harbor, WA
I Ride: 09 Yamaha TW200 / 72 Suzuki RV90
The gravel is there to protect you, Illegal or not
How bout some gravel skiing??
Last edited by rmhm25; 09-07-2012 at 07:58 PM..
|09-08-2012, 09:52 AM||#320|
Joined: Jul 2005
Blog Entries: 1
I Ride: '05 Busa, '03 KLR 650, '81 Seca 550, '78 Hawk, '71 SL 350, '69 Z50A
|alcohol may be involved, boo freaking hoo!!!, djnathan is off the hook, douglas fir, epicness, filed a complaint, ill eagle, illegal gravel, my wreck isn't my fault!, never mind|