This class action is called In re Pork Antitrust Litigation (Commercial and Institutional Indirect Purchaser Actions), Case No. 0:18-cv-01776, and is pending in the United States District Court for the District of Minnesota. United States District Court Judge John R. Tunheim is overseeing this class action. Commercial and Institutional Indirect Purchaser Plaintiffs allege that Defendants and their coconspirators 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 but it includes uncooked and cooked ham water added products. 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 and co-conspirators named in the Commercial and Institutional Indirect Purchaser Plaintiffs’ Fourth Amended and Consolidated Class Action Complaint are producers of Pork products in the United States and a company that provides benchmarking reports in certain agricultural industries. “Defendants” refers to 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”).

Although other defendants are involved in this lawsuit, the Commercial and Institutional Indirect Purchaser Plaintiffs’ remaining allegations are against the Defendants listed. Commercial and Institutional Indirect Purchaser Plaintiffs previously reached Settlements with Smithfield and JBS. The Defendants have denied all allegations of wrongdoing in this lawsuit.

In a class action lawsuit, one or more people or businesses called class representatives sue on behalf of others who have similar claims, all of whom together are a “class.” Individual class members do not have to file a lawsuit to participate in the class action settlement or be bound by the judgment in the class action. One court resolves the issues for everyone in the class, except for those who exclude themselves from the class.

You may have received other communications regarding this lawsuit, including solicitations by other attorneys seeking to represent you as a plaintiff in an individual (or “direct action”) lawsuit against Defendants. These communications were not approved by the Court and did not come from Court-appointed Settlement Class Counsel. You should carefully review this website and your rights as a potential member of the Class or Classes before deciding whether to opt out or stay in the Damages Class.

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.¹

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.²

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.

^1. Excluded from the class are: Natural persons who purchased pork for their personal use and not for commercial food preparation (End-User Consumers); purchases of pork directly from Defendants; purchases of pork for resale in unaltered form; purchases of pork from an intermediary who has further processed the pork; the Defendants; the officers, directors or employees of any Defendant; any entity in which any Defendant has a controlling interest; and any affiliate, legal representative, heir or assign of any Defendant; any federal, state governmental entities, any judicial officer presiding over this action and the members of his/her immediate family and judicial staff, any juror assigned to this action; and any coconspirator identified in this action.

^2. “Repealer Jurisdictions” here are states that have “repealed” the Supreme Court’s holding in Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977), and provide standing to indirect purchasers. Commercial and Institutional Indirect Purchaser Plaintiffs assert damages claims in: 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 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 here, or call the Notice Administrator toll-free at 1-855-867-0738.

Unless you exclude yourself, you are staying in 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 by submitting a written request to the Notice Administrator stating your intent to exclude yourself from the Damages Class (an “Exclusion Request”). Your Exclusion Request must include the following:

1. Your name and address;
2. A statement that you want to be excluded from the Damages Class in In re Pork Antitrust Litigation (Commercial and Institutional Indirect Purchaser Actions); and
3. Your signature.

You must mail your Exclusion Request, postmarked by August 23, 2024, to:

Pork Commercial and Institutional Indirect Purchaser Litigation
P.O. Box 6610
Portland, OR 97228-6610

You cannot exclude yourself from the Injunctive Class.

No. If you exclude yourself, and the Damages Class is later awarded money or benefits, you will not be eligible to claim any of that money or benefits. You also will not be legally bound by the Court’s judgments if you exclude yourself. You will be able to sue (or continue to sue) Defendants on your own about the legal claims that are involved in this lawsuit, now or in the future, assuming your legal claims are not time-barred or otherwise prohibited (you should consult your own lawyer to make such a determination).

No. Unless you exclude yourself from the Damages Class, you give up the right to sue Defendants for the legal claims that the lawsuit involves. If you have a pending lawsuit against Defendants, speak to your lawyer for that lawsuit immediately to determine whether you must exclude yourself from this lawsuit to continue your own 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.

If you are a member of the Damages Class and you do nothing, you will remain a member of the Damages Class. You will be legally bound by all the decisions the Court makes. You also can participate in any future settlements or judgments obtained by Commercial and Institutional Indirect Purchaser Plaintiffs against the Defendants in the lawsuit. If the Commercial and Institutional Indirect Purchaser Plaintiffs obtain money or benefits you may be entitled to a share. Regardless of the outcome of the lawsuit, if you do nothing, and thereby remain in the Damages Class, you will never be able to sue (or continue to sue) the Defendants about the legal claims in this lawsuit. If you do nothing now and there is a Settlement or judgment in the future, you may not be allowed to exclude yourself from the lawsuit.

Yes, the Court has appointed Cuneo Gilbert & LaDuca, LLP and Larson ꞏ King LLP as Class Counsel for the Injunctive Class and the Damages Class. You do not need to hire your own lawyer because Class Counsel is working on your behalf. If you wish to pursue your own case separate from this one, or if you exclude yourself from the Damages Class, these lawyers will no longer represent you. You will need to hire your own lawyer if you wish to pursue your own lawsuit against the Defendants.

If Class Counsel obtains money or benefits for the Injunctive Class or the Damages Class, they may ask the Court for fees and expenses. You will not have to pay these fees and expenses. If the Court grants their request, the fees and expenses will either be deducted from any money obtained or paid separately by Defendants.

If the lawsuit is not dismissed or settled, there may be a trial. To prevail in the lawsuit, Commercial and Institutional Indirect Purchaser Plaintiffs will have to prove their legal claims at a trial to be scheduled later. 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 the website, or call the toll-free number and ask to be kept informed of the trial schedule.

If Commercial and Institutional Indirect Purchaser Plaintiffs obtain money or benefits for the Damages Class as a result of a trial, then members of the Damages Class will be notified about how to submit a claim to participate in a claims process. It is unknown how long this may take. Information will be posted on the website here as it becomes available. You can access the website whether you stay in the lawsuit or exclude yourself from the Damages Class.

This website summarizes the lawsuit and your legal rights. More details are in the Class Certification Order. You can find a copy of the Class Certification Order, other important documents, by clicking here. You may contact the Notice Administrator at info@PorkCommercialCase.com or toll-free at 1-855-867-0738.