(1) A producer of perishable agricultural food products who suffers actual damages as a result of another person’s disparagement of the producer’s product may bring an action for actual damages in a court of competent jurisdiction.
(2)  The plaintiff shall bear the burden of proof and persuasion as to each element of the cause of action and must prove each element by clear and convincing evidence.

Terms Used In Idaho Code 6-2003

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Disparagement: means the publication to a third party of a false factual statement; and
Idaho Code 6-2002
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
    • (3)  The plaintiff may only recover actual pecuniary damages. Neither presumed nor punitive damages shall be allowed.
    (4)  The disparaging factual statement must be clearly directed at a particular plaintiff’s product. A factual statement regarding a generic group of products, as opposed to a specific producer’s product, shall not serve as the basis for a cause of action.
    (5)  Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within two (2) years after the cause of action accrues and not thereafter.
    (6)  This statutory cause of action is not intended to abrogate the common law action for product disparagement or any other cause of action otherwise available.