Fresh Potatoes Antitrust Class Action Settlement

A settlement has been reached in an antitrust class action lawsuit alleging a price-fixing conspiracy in the potato industry that caused consumers to pay more than necessary for fresh potatoes purchased at retail stores. If you purchased fresh potatoes from a retailer in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Tennessee, Vermont or Wisconsin between Oct. 14, 2004 and April 10, 2015, you may be eligible for a payment from the class action settlement.

The fresh potatoes class action lawsuit, titled In re: Fresh and Process Potatoes Antitrust Litigation, accused the defendants of engaging in a conspiracy to reduce the supply of potatoes with the goal of raising the prices, in violation of federal antitrust laws. The defendants allegedly agreed to limit the number of potato acres planted each year and manipulate the supply of potatoes that were placed in storage following harvest. As a result of this conspiracy, consumers may have paid artificially inflated prices for fresh potatoes, according to the class action lawsuit.

The alleged potato antitrust conspiracy involved competitors in the potato growing, packing, processing and marketing industries. The defendants named in the class action lawsuit include:

• United Potato Growers of America Inc.;
• United Potato Growers of Idaho Inc.;
• Wada Farms Inc.;
• Wada Farms Potatoes Inc.;
• Wada Farms Marketing Group LLC;
• Wada-Van Orden Potatoes Inc.;
• Albert Wada;
• Blaine Larsen Farms Inc.;
• Blaine Larsen;
• Potandon Produce LLC;
• Cornelison Farm Inc.;
• Keith Cornelison;
• Michael Cranney d/b/a Cranney Farms;
• Snake River Plains Potatoes Inc.;
• Driscoll Potatoes Inc.;
• Lance Funk d/b/a Lance Funk Farms;
• Rigby Produce Inc.;
• Pleasant Valley Potato Inc.;
• Kim Wahlen;
• Raybould Brothers Farms LLC;
• Idahoan Foods LLC;
• United II Potato Growers of Idaho Inc.;
• R.D. Offutt Co.;
• Ronald D. Offutt Jr.; and
• Each of their corporate parents, subsidiaries, and affiliated companies.

The defendants deny any wrongdoing but agreed to settle the potato antitrust class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

Under the terms of the class action settlement, the defendants agreed to pay $5.5 million into a settlement fund, which will provide cash benefits to eligible Class Members. They have also agreed to end their allegedly anticompetitive business practices.

Class Members who wish to object to or exclude themselves from the fresh potato antitrust settlement must do so no later than Oct. 16, 2015.

Who’s Eligible

Class Members of the potato antitrust class action settlement include anyone who purchased fresh potatoes from retailers in Arizona, California, Florida, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Tennessee, Vermont or Wisconsin (for end use and not for resale) between Oct. 14, 2004 and April 10, 2015.

According to the class action settlement notice, the term “fresh potatoes” refers to “potatoes grown in the United States and planted exclusively for and sold to the Fresh Potato market. Fresh Potatoes do not include process potatoes, which are sold for further processing, including dehydrating, freezing, canning, chipping, dicing, slicing, chopping, and packaging.”

Potential Award

The amount each Class Member receives will depend on how many timely and valid claims are filed. The amount will be determined based on an equal distribution per claim from the class action settlement fund.

NOTE: Only one claim per household will be accepted.

UPDATE: A viewer has reported to us that they received the following notice from the Settlement Administrator: “We have begun sending out deficiency notices and expect to have them processed by the end of June.  With the volume of claims as high as they are, the deficiency process is taking longer than expected.  Thank you for your patience in this matter. ” Top Class Actions will continue to provide updates on the status of this settlement as they’re made available. Keep checking back.

UPDATE 2: On July 22, 2016 the settlement website was updated stating that distribution to claimants will begin on August 2, 2016.  Keep checking back and let Top Class Actions know when you receive a check in the comments section below or on our  Facebook page.

UPDATE 3: On Aug. 5, 2016, Top Class Actions viewers who filed a claim for the fresh potatoes class action settlement started receiving checks worth as much as $30.49.

Proof of Purchase

N/A. Although no receipts are required to file a claim for the fresh potatoes settlement, Class Members should retain their receipts as proof of purchase for any audit of claims by the Claims Administrator.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claim Form Deadline

10/16/2015

Case Name

In re: Fresh and Process Potatoes Antitrust Litigation, MDL No. 2186, in the U.S. District Court for the District of Idaho, Eastern Division

Final Hearing

12/3/2015

Settlement Website

https://www.PotatoesAntitrustSettlement.com/

Claims Administrator

Potatoes Antitrust Case Claims Administrator
c/o KCC Class Action Services
P.O. Box 30190
College Station, TX 77842-3190
1-866-888-1509
info@PotatoesIndirectPurchaseAction.com

Class Counsel

MILBERG LLP

GLANCY PRONGAY & MURRAY LLP

Defense Counsel

VORYS SATER SEYMOUR & PEASE LLP

ANDERSON BANDUCCI PLLC

ORRICK HERRINGTON & SUTCLIFFE LLP

PROSKAUER ROSE LLP

MCCARTHY LEONARD & KAEMMERER LC