A South Dakota judge heard oral arguments this week on a motion by ABC News to dismiss the defamation suit brought by Beef Products Inc.
The suit started in March of last year, after ABC News referred to lean, finely textured beef as "pink slime". BPI says ABC News misled consumers into believing the beef was both unsafe, and unhealthy.
To win its defamation suit, BPI must prove ABC News acted with what's called "actual malice," that they knew their information was false but reported it regardless. This burden of proof, especially against news organizations, makes defamation suits hard to win.
BPI claims they have lost nearly $400 million in profit since ABC News' coverage.