Orscheln Class Action: Tractor Fluid Mislabeled With Whale Oil ‘303’ Distinction

A recent class action lawsuit claims that Orscheln Farm & Home’s tractor hydraulic fluids are sold with deceptive and misleading “303” labels.

This refers to the “303” designation first introduced by John Deere in the 1960s. 303 oil was widely considered to be a high quality and effective product.

Although the John Deere 303 oil had its moment in the spotlight, it did not last. The key ingredient in 303 oil was sperm whale oil.

In order to protect the endangered sperm whale species, regulations were passed in the 1970s that prohibited the use of the sperm whale oil.

After these regulations were put into effect, John Deere had to reformulate their oils and the 303 designation became obsolete.

Despite the 303 oil being retired for decades, Orscheln reportedly sells oils with a “303” marketing.

Plaintiff Wayne Rupe claims that Orscheln takes advantage of the John Deere 303 reputation despite not living up to the standards and expectations that previous products met.

“Defendants deceptively and illegally trade on the obsolete and non-existent ‘303’ designation, the other obsolete J14B and J20A specifications, and the John Deere trade name that was and has continued to be so prevalent in the industry,” Rupe claims in his Orscheln class action lawsuit.

“Because there is no known ‘303’ specification, there is no way for manufacturers, sellers, or anyone else to truthfully claim the products meets or is in compliance with any such specification.”

Rupe claims that Orscheln not only fails to meet 303 standards but also uses “poor quality base oils, waste oil, line flush, used motor oil and diluted additive packages” in their “303” oils in an attempt to keep costs down and increase their profits.

These substandard ingredients allegedly result in damage to purchasers’ equipment, including “increased wear and damage to the spiral gear, excessive wear in the planetaries, improper and poor shifting, seal leakage, and improper operation of the wet brakes.”

As a result of deceptive marketing, consumers such as Rupe allegedly purchased items that were not worth the money. Rupe claims that the products are “worthless and/or worth much less than the sale price,” meaning that he and other consumers sustained financial injury.

The Orscheln class action lawsuit includes claims for negligence, breach of warranties, unjust enrichment, fraud/misrepresentation, and negligent misrepresentation.

Rupe seeks to represent a Class of Iowa consumers who purchased Orscheln Premium 303 Tractor Hydraulic & Transmission Fluid and/or MileMaster 303 Tractor Hydraulic Fluid since June 6, 2014.

The tractor hydraulic oil class action lawsuit seeks actual damages, punitive damages, interest, court costs, and attorneys’ fees.

Rupe and the proposed Class of Orscheln consumers are represented by Paul D. Lundberg of Lundberg Law Firm PLC; Thomas V. Bender and Dirk Hubbard of Horn Aylward & Bandy LLC; and William Carr and Bryan T. White of White Graham Buckley & Carr LLC.

The Orscheln Tractor Oil Class Action Lawsuit is Rupe v. Citgo Petroleum Corporation, et al., Case No. 4:19-cv-00163-RGE-RAW, in the U.S. District Court for the Southern District of Iowa.

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