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 in the case entitled In re Pork Antitrust Litigation (Commercial and Institutional Indirect Purchaser Actions), Case No. 0:18-cv-01776 (D. Minn.).

The lawsuit is regarding whether Defendants combined and conspired in restraint of trade, the purpose and effect of which was to suppress competition and to allow Defendants and other pork producers to charge supra-competitive prices for pork products during select periods of time, in violation of federal and state laws.

Notice is being provided because the court established or “certified,” the lawsuit as a class action. 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 Court has not decided whether the Defendants did anything wrong and the Defendants deny any wrong-doing. Your legal rights are affected whether you act or do not act.


Your Legal Rights and Options
Legal Rights: Deadline:
Exclude Yourself

Get out of this lawsuit. Get no money or benefits if any are available in the future. Keep the right to sue separately.

If you ask to be excluded from the Damages Class and money or benefits are later awarded to Commercial and Institutional Indirect Purchaser Plaintiffs, you will not receive any money or benefits. You will keep any right to file your own lawsuit or be part of any other lawsuit against the Defendants. If there is a Settlement or judgment in the future, you may not be allowed to exclude yourself from the lawsuit. You cannot exclude yourself from the Injunctive Class.

Postmarked by:
August 23, 2024
Do Nothing

Stay in this lawsuit. Give up the right to sue separately.

If you do nothing, and you are a member of the Damages Class, you may become entitled to money or benefits if later awarded to Commercial and Institutional Indirect Purchaser Plaintiffs, if they prevail at a trial or as part of a settlement. You will give up your rights to sue the Defendants. You will be bound by any future judgment regarding the Defendants.

 

These rights and options are explained further on the FAQ page.