was expected to take 8 weeks, but was settled after three weeks. The court ruled that BPI is a "public figure;" thus, proof of "actual malice" is required to support a verdict of defamation. ABC was represented by Williams & Connolly, BPI by Winston & Strawn. South Dakota has a food disparagement law which may have permitted triple damages to $5.7 billion had there been a verdict for the plaintiff. On June 28, 2017, ABC and BPI reached a settlement, ending the suit. Terms of the settlement were not disclosed. A Walt Disney earnings report indicated that the amount paid was at least $177 million. Current use In March 2012, 70% of ground beef in the U.S. contained lean finely textured beef, and a year later in March 2013 the amount was estimated by meat industry officials to be at approximately 5%. This significant reduction is due in part to the extensive media coverage that began in March 2012 about the additive. Kroger Co. and Supervalu Inc. have stopped using the additive. Cargill started using a label stating "Contains Finely Textured Beef" from 2014. Production of finely textured beef increased modestly, as beef prices rose by 27% over two years in 2014 and "retailers [sought] cheaper trimmings to include in hamburger meat and processors find new products to put it in". Senior management of Cargill claimed almost full recovery as sales tripled. BPI regained 40 customers that are mostly processors and patty-makers who distribute to retailers and the USDA since March 2012. It does not label its product. In December 2018, lean finely textured beef was reclassified as "ground beef" by the Food Safety And Inspection Service of the United States Department Of Agriculture. This occurred after Beef Products Incorporated submitted new production processes and "a new product" to the Food Safety And Inspection Service, the agency determined that the product may be labeled as "ground beef". Regulation In the US, the additive is not for direct consumer sale. Lean finely textured beef can constitute up to 15% of ground beef without additional labeling, and it can be added to other meat products such as beef-based processed meats. Because of ammonium hydroxide use in its processing, the lean finely textured beef by BPI is not permitted in Canada. Health Canada stated that: "Ammonia is not permitted in Canada to be used in ground beef or meats during their production" and