Tyson Agrees to $48 Million Pork Pricing Settlement

A legal notice circulated today (May 15) invites companies that purchased pork products from Tyson between mid-2014 and mid-2018 to apply for a share of a $48 million settlement Tyson has agreed to in a class-action claim that pork producers colluded to fix prices during that period.

There is a July 14 deadline to object to the settlement or to file a notice to appear at a future fairness hearing.

The settlement, “on behalf of Commercial and Institutional Indirect Purchaser Plaintiffs,” invites “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.”

U.S. District Court for the District of Minnesota authorized the notice. Although it agreed to the settlement, Tyson denies any wrongdoing. The suit also names Agri Stats Inc., Clemens Food Group, The Clemens Family Corp., JBS USA Food Co., Hormel Foods Corp., Hormel Foods LLC, Seaboard Foods LLC, Seaboard Corp., Smithfield Foods and Triumph Foods.

The lawsuit is proceeding against the other defendants.

The lawsuit alleges that the defendants “conspired and combined to fix, raise, maintain and stabilize the price of pork products, from at least January 1, 2009, with the intent and expected result of increasing 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 Tyson settlement excludes any product that is marketed as organic 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.

Buyers must have been in the following states: Arkansas, Arizona, California, District of Columbia, Florida, Illinois, 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 Wisconsin. The class period for Kansas, Massachusetts, Mississippi, South Carolina and Tennessee begins June 28, 2015.

There will be no payments to the settlement classes at this time, but companies can get more information now at www.PorkCommercialCase.com or by calling 855-867-0738. Interested parties will be notified later of an opportunity to file a claim form.