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.
