JBS, Smithfield pork direct purchasers price-fixing $102M class action settlement

Update:

• On May 9, 2022, a calculation error was discovered regarding certain pre-populated pork class action lawsuit settlement claim forms sent to class members.
• This resulted in the pre-populated purchase amounts from Tyson being overstated.
• The online pre-populated claim form for each affected class member has now been updated with the corrected Tyson purchase amounts.
• To view the corrected purchase amounts and file a claim using the Unique ID included on the postcard and/or email you received, click here; carefully review the information, including the acknowledgement of the corrected purchase amounts at the time of claim submission.
• Questions may be directed to the claims administrator at (866) 797-0864 or info@PorkAntitrustLitigation.com.

Two pork producers agreed to a combined settlement of over $100 million to resolve class action claims they violated antitrust laws to raise the price of pork products.

The settlement benefits consumers and companies that purchased pork products directly from defendant pork producers between Jan. 1, 2009, and Jan. 22, 2021. 

Defendants in the case are: JBS Food Company, Clemens Food Group, Hormel Foods, Indiana Packers, Seaboard Foods, Smithfield Foods, Triumph Foods, Tyson Foods, and Agri Stats.

JBS Foods is a meat producer that sells pork products under numerous brands including Swift, Primo, and Wicked Pig. Smithfield is a similar company selling meats including pork under various brand names.

According to an antitrust class action lawsuit, JBS and Smithfield worked with several other companies to artificially inflate the price of pork products. As a result, direct purchasers — including the restaurants that brought these claims — were allegedly forced to pay more for pork products than they would have in a fair market. 

The plaintiffs claim the defendants accomplished their goal by sharing sensitive profit information through Agri Stats, one of the defendants in the case. Customized reports from Agri Stats allegedly allowed the pork producers to compare their own profits with their competitors.

“The type of information available in these reports is not the type of information that competitors would provide each other in a normal, competitive market,” the pork antitrust class action lawsuit contends.

“Instead, the provision of this detailed information acts as the proverbial smoke-filled room of the cartels of yesteryear.”

JBS and Smithfield agreed to pay a combined total of over $100 million to resolve the multi district litigation against them. The settlement with JBS is worth $24.5 million, while the settlement with Smithfield is worth over $77 million.

The pork antitrust settlement provides cash payments to direct purchasers of pork products. Although only two defendants have settled, purchases from any of the included defendants may be reimbursed by the settlement.

Each Class Member will receive a proportional share of the settlement based on the amount of pork products they purchased. Exact payment amounts will vary depending on the number of claims filed and the number of purchases claimed by Class Members. No payment estimates are available at this time.

In addition to funding cash payments, JBS and Smithfield have agreed to cooperate with the plaintiffs as they continue to litigate against the remaining defendants in the case.

The deadline for objection in the settlement in the pork antitrust settlement was Nov. 2, 2021. 

The final approval hearing for the settlement is scheduled for July 20, 2022.

In order to receive a payment from the settlement, Class Members must submit a valid claim form by June 14, 2022.

Who’s Eligible

The settlement benefits consumers and companies that purchased pork products directly from defendant pork producers between Jan. 1, 2009, and Jan. 22, 2021. 

Potential Award

TBD — Varies.

• Each Class Member will receive a proportional share of the settlement based on the amount of pork products they purchased.
• Exact payment amounts will vary depending on the number of claims filed and the number of purchases claimed by Class Members.

Proof of Purchase

Personal Access Code listed on the claim form sent to Class Members.

Class Members have the option to accept the pre-populated purchase amounts on the form or, if they disagree with or want to supplement those amounts, they can provide additional purchase information by completing the Purchase Audit Request form on the settlement website and provide supporting documentation. 

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

06/14/2022

Case Name

In re: Pork Antitrust Litigation, Case No. 0:18-cv-01776 (the Direct Purchaser Plaintiff Action) in the U.S. District Court for the District of Minnesota

Final Hearing

07/20/2022

Settlement Website

PorkAntitrustLitigation.com

Claims Administrator

In re: Pork Antitrust Litigation
c/o A.B. Data, Ltd.
PO Box 173117
Milwaukee, WI 53217
info@PorkAntitrustLitigation.com

In re: Pork Antitrust Litigation Helpline: 866-797-0864

Class Counsel

LOCKRIDGE GRINDAL NAUEN PLLP

PEARSON, SIMON & WARSHAW LLP

Defense Counsel

GIBSON, DUNN & CRUTCHER LLP