A former food safety chief for national fast food chains testified yesterday in the defamation case between Beef Products Incorporated and ABC News.
David Theno is a microbiologist and food safety consultant. He served as chief food safety officer for Subway and Jack-in-the-Box restaurants. Theno was a consultant for BPI from about 20-10 to 20-12 and testified that he reviewed the company’s food safety practices.
He testified that ABC News National Correspondent Jim Avila called him in March of 20-12 – during the time when the network was airing stories about what BPI calls lean, finely textured beef. ABC News reports referred to the product as “pink slime.” Avila is listed as a codefendant with ABC in this case.
Theno said his interaction with Avila was not pleasant.
“Theno: He was abusive, accusatory, denigrating…I was trying to have a conversation with him about this…and ask him – do you want hear the facts or don’t you want to hear the facts. Would you like to hear a different side of this than your presenting here. Attorney: Did Mr. Avila tell he didn’t find you credible? Theno: He did. Attorney: Did Mr. Avila tell you why he didn’t find you to be credible? Theno: Because I was being paid by the company.”
Theno testified that Avila told him he was “a shill and a hired gun for BPI.” He also said that Avila used an expletive and hung up the phone.
The jury also heard several depositions from ABC staff members about their involvement with the network's news stories.