MINNEAPOLIS, July 9, 2024
/PRNewswire/ --
A class action antitrust lawsuit was filed on behalf of
Commercial and Institutional Indirect Purchaser Plaintiffs against
Defendants Agri Stats, Inc. ("Agri
Stats"); Clemens Food Group, LLC and The Clemens Family
Corporation (together and separately, "Clemens"); Hormel Foods
Corporation and Hormel Foods, LLC (together and separately,
"Hormel"); Seaboard Foods LLC and Seaboard Corporation (together
and separately, "Seaboard"); Triumph Foods, LLC ("Triumph"); and
Tyson Foods, Inc., Tyson Prepared Foods, Inc., and Tyson Fresh
Meats, Inc. (together and separately, "Tyson") and other
defendants.
This Notice is being provided because the court established or
"certified," the lawsuit as a class action against Defendants
Agri Stats, Clemens, Hormel,
Seaboard, Triumph, and Tyson. In 2021, notice was provided
regarding a settlement with Defendants JBS USA Food Company, JBS USA Food Company Holdings, Swift Pork Company,
and related or affiliated entities ("JBS"). In 2022, notice was
provided regarding a settlement with Defendants Smithfield Foods,
Inc. and related or affiliated entities ("Smithfield"). You may be
a member of the Settlement Class in either or both settlements with
separate rights and you may be included in the certified class
action against Defendants Agri
Stats, Clemens, Hormel, Seaboard, Triumph, and Tyson.
Your decision to remain in the certified class or to exclude
yourself will not affect your ability to participate in the
previous settlements reached in this litigation.
The United States District
Court for the District of Minnesota authorized this notice. This
Court-ordered notice may affect your rights. Please read this
notice carefully.
WHO IS INCLUDED?
The Commercial and Institutional Indirect Purchaser Plaintiffs
class represent indirect purchasers who are not end users of pork
products. The Court certified an injunctive relief class and
damages class ("Classes") defined as:
Injunctive Class: All entities that indirectly
purchased uncooked pork bacon, or one or more of the following
types of raw pork, whether fresh or frozen: loins, shoulder, ribs,
hams, or pork chops from defendants or
co-conspirators for their own use in commercial food preparation
in the United States
from June 28, 2014 to June
30, 2018. For this lawsuit, pork excludes any product
that is marketed as
organic and/or no antibiotics ever and any product other than
bacon that is marinated, seasoned, flavored, or breaded, but
it includes
uncooked and cooked ham water added products.
Damages Class: All entities that indirectly
purchased uncooked pork bacon, or one or more of the following
types of raw pork, whether fresh or frozen: loins, shoulder, ribs,
hams, or pork chops from defendants or
co-conspirators for their own use in commercial food preparation
in the Repealer Jurisdictions from June 28, 2014 to June 30,
2018. For this lawsuit, pork excludes any product that is marketed
as organic and/or no antibiotics ever and any product other than
bacon that is marinated, seasoned, flavored, or breaded, but it
includes uncooked and cooked ham water added products.
Only Class members in the following jurisdictions are eligible
to potentially recover money from the settlement: Arkansas, Arizona, California, District
of Columbia, Florida, Iowa,
Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New
Hampshire, New Mexico,
New York, North Carolina, North Dakota, Oregon, Rhode
Island, South Carolina,
South Dakota, Tennessee, Utah, Vermont, West
Virginia and/or Wisconsin.
The class period for Kansas,
Massachusetts, Mississippi, South
Carolina, and Tennessee
class members begins June 28,
2015.
If you are still not sure if you are included, please review the
detailed information contained in the Class Certification Order,
available at www.PorkCommercialCase.com, or call the Notice
Administrator toll-free at 1-855-867-0738.
WHAT IS THIS LAWSUIT ABOUT?
Commercial and Institutional Indirect Purchaser Plaintiffs
allege that Defendants and their co-conspirators
conspired and combined to fix, raise, maintain, and stabilize the
price of uncooked pork bacon, or one or more of the following types
of raw pork, whether fresh or frozen: loins, shoulder, ribs, hams,
or pork chops from defendants or co-conspirators ("Pork
products"). In this lawsuit, Pork products do not include any
product that is marketed as organic and/or without
antibiotics and any product other than
bacon that is marinated, seasoned, flavored, or breaded. The
lawsuit alleges that Defendants and their
co-conspirators conspired to increase prices of Pork products in
the United States, in violation of
federal antitrust laws and various state antitrust, consumer
protection and unfair trade practices, and unjust enrichment laws.
The Defendants have denied all allegations of wrongdoing in this
lawsuit and have asserted defenses that, if successful, would
result in the dismissal of Plaintiffs' legal claims. The Court did
not decide which side was right.
Plaintiffs allege a far-reaching, ongoing
conspiracy to inflate pork prices on a nationwide basis and seek
injunctive relief (a legal remedy that restrains a party from doing
certain acts or requires a party to act in a certain way). In a
lawsuit, injunctive relief means the Defendants would be required
to stop the activities associated with any ongoing conspiracy to
inflate Pork prices on a nationwide basis. If granted, the
injunctive relief will survive until it is clear that the
alleged misconduct will not recur.
WHAT ARE YOUR RIGHTS AND OPTIONS?
Unless you exclude yourself, you are staying in the Injunctive
Class or the Damages Class, which means that you cannot sue,
continue to sue, or be part of any other lawsuit against the
Defendants. It also means that all the Court's orders will apply to
you and legally bind you.
If you do not want to be legally bound by the terms of the
lawsuit, or if you wish to pursue your own separate lawsuit against
the Defendants, you must exclude yourself. Your exclusion request
must be postmarked by August 23,
2024. If there is a Settlement or judgment in the
future, you may not be allowed to exclude yourself from the
lawsuit. If you exclude yourself, and the Injunctive Class or the
Damages Class is later awarded money or benefits, you will not be
eligible to claim any of that money or benefits. The detailed
notice explains how to exclude yourself. Details may also be found
on the FAQs page of the website at www.PorkCommercialCase.com.
If you are a member of the Injunctive Class or the Damages Class
and do not exclude yourself, you may be eligible to participate in
additional settlements which may arise with other Defendants in the
future. However, you may not be allowed to exclude yourself from
the lawsuit in the future.
WHEN WILL THE COURT DECIDE WHO IS RIGHT?
If the lawsuit is not dismissed or settled, there may be a
trial. During the trial, the judge and/or jury will hear evidence
to determine whether Commercial and Institutional Indirect
Purchaser Plaintiffs or Defendants are right about the legal claims
in the lawsuit. There is no guarantee the Commercial and
Institutional Indirect Purchaser Plaintiffs will win any money or
benefits for the Injunctive Class or the Damages Class.
If there is a trial, you will not need to attend unless you
choose to do so, or you are asked to attend by the Court. You
and/or your own lawyer are welcome to attend at your own expense.
If you are interested in attending, please check
www.PorkCommercialCase.com, or call the toll-free number and ask to
be kept informed of the trial schedule.
This notice is a summary only. You can find more details
about the lawsuit at www.PorkCommercialCase.com or by calling
toll-free 1-855-867-0738. Please do not contact the Court.
URL: www.PorkCommercialCase.com
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content:https://www.prnewswire.com/news-releases/if-you-purchased-uncooked-pork-bacon-fresh-or-frozen-loins-shoulder-ribs-hams-or-pork-chops-from-june-28-2014-to-june-30-2018-for-business-use-in-commercial-food-preparation-a-class-action-lawsuit-may-affect-your-rights-302191228.html
SOURCE United States District
Court for the District of Minnesota