updated 1/27/2008 2:06:59 PM ET 2008-01-27T19:06:59

A U.S. District Court judge on Friday rejected a request for a temporary restraining order barring Tyson foods from continuing its "Raised Without Antibiotics" chicken marketing program.

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Judge Catherine Blake denied the motion by Sanderson Farms, Foster Farms and Perdue Farms. They had claimed that the program contains incorrect information.

Blake, at U.S. District Court in Baltimore, ruled that the producers failed to give enough evidence to support their case. She also noted that Tyson is working with the U.S. Department of Agriculture on an agreement to modify the company's program.

Tyson said last month that the company and the USDA had agreed to new labels for the company's Raised Without Antibiotics chicken program. The new label will include the following language: "Chicken Raised Without Antibiotics that impact antibiotic resistance in humans."

Tyson plans to start using its new advertising and promotional materials next month.

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