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DxE SF Bay Area investigated Diestel Turkey Ranch, a Whole Foods supplier at the highest GAP welfare rating, in 2015 and filed suit in 2017 for consumer fraud. The case went to trial in October – December 2019. The judge who presided over the 2019 trial left the bench for medical leave before rendering a decision. The case was then reassigned to a new judge who issued a decision in November 2020 without the benefit of seeing any of the witnesses or hearing any of the testimony. The new judge nevertheless concluded that: “Plaintiff cannot establish actual reliance under the law if from the outset its agents already strongly suspected that the defendant’s advertising was false and were not deceived by it... Although it appears dubious that Diestel is a ‘small’ family farm or that its birds receive ‘individual’ care or live ‘twice as long’ as other commercial turkeys, because plaintiff lacks standing, this court is without jurisdiction to adjudicate those claims.” DxE SF Bay Area appealed this decision in January 2021. The appeal is pending. Separately, consumers who purchased Diestel’s turkey products also sued Diestel Turkey Ranch for consumer fraud in 2020. Cases are pending in both California and New Mexico. More information is available by contacting counsel at https://www.elsnerlaw.org/fowl-play.