JBS indirect purchaser pork prices $20M class action settlement

Updates:

• The claim deadline has been extended to April 2, 2024.

• On March 29, 2023, Judge John R. Tunheim certified a class of all persons and entities who indirectly purchased raw pork bacon, or one or more of the following types of raw pork, whether fresh or frozen: bellies, loins, shoulder, ribs or pork chops, from the defendants or co-conspirators for personal consumption in Arizona, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Rhode Island, South Carolina, Tennessee, Utah and West Virginia from June 28, 2014, to June 30, 2018, and in Kansas, Tennessee and South Carolina from June 28, 2015, to June 30, 2018.
• Class members now have the opportunity to opt out of this class.
• Those who opt out will not be able to recover any award from potential future settlements or judgments class counsel obtains for the class.
• Class members’ decision whether to exclude themselves from the class will not affect their ability to participate in the previous settlements reached in this litigation.
• No additional settlements have been reached with the non-settling defendants.
• Any claims filed related to previous settlements reached in this litigation are unaffected by the court’s certification order.
• Class members wishing to exclude themselves from the above class must submit a valid written request for exclusion, postmarked no later than April 2, 2024.

• The claim deadline is now June 30, 2023.

Pork producer JBS USA Pork has agreed to a $20 million pork prices class action settlement resolving claims it overcharged for pork; the settlement benefits indirect purchasers of pork products in the United States.

The Class includes any person or entity who indirectly purchased pork from any of the defendants or any “co-conspirator,” or their respective subsidiaries or affiliates, for personal use in the United States between Jan. 1, 2009, and April 2, 2021.

All Class Members are members of the nationwide Class. However, only those in the following jurisdictions are eligible for a payment under the settlement terms: Arizona, California, the District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Rhode Island, South Carolina, Tennessee, Utah, Virginia, and West Virginia. 

This indirect purchaser settlement resolves only the claims against JBS.

The plaintiffs’ class action lawsuit alleged the defendants and others worked together and agreed to fix, raise, maintain, and stabilize the price of pork products to drive up pork prices in the U.S., violating federal and state law; the plaintiffs claim consumers were overcharged for pork.

Indirect purchasers are those who purchase a product or service — in this case, pork — from someone other than the defendant or one of their alleged co-conspirators, such as a retailer or a wholesaler, according to Financial Recovery Strategies.

The Court has not ruled in favor of either side in this case, and both sides have agreed to the settlement.

JBS is the United States’ second-largest fresh pork producer, according to the company website. JBS has facilities capable of processing 92,000 hogs per day.

While class members who believe they were overcharged for pork are now eligible to make claims, no money will be distributed at this point, as the class action lawsuit proceeds against the other defendants.

It is not yet known how much money each class member submitting a claim will receive. 

Payments will be based on several factors, such as the number of valid claims filed.

Any approved attorney’s fees and other costs will be deducted from the $20 million settlement fund.

Also under the terms of the pork indirect purchaser settlement, JBS has agreed to cooperate with the plaintiffs’ continued prosecution of the class action lawsuit.

Class members in the JBS pork prices settlement who choose to take no action will remain class members and participate in the settlement. They also will have an opportunity to participate in or exclude themselves from any potential future settlements or judgments obtained by the plaintiffs in this case.

The court will hold a fairness hearing in the JBS pork prices settlement on Dec. 10, 2021.

The deadline to opt out of or object to the JBS indirect pork purchaser settlement is Oct. 20, 2021.

The claim form deadline has been extended to April 2, 2024.

Who’s Eligible

The class includes any person or entity who indirectly purchased pork from any of the defendants or any “co-conspirator,” or their respective subsidiaries or affiliates, for personal use in the United States between Jan. 1, 2009, and April 2, 2021.

Potential Award

TBD

Proof of Purchase

You do not need to provide any documentation at this time. However, the settlement administrator may ask for additional information or documentation to support your claim.

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

Extended to 04/02/2024

Case Name

In re: Pork Antitrust Litigation, Case No. 0:18-cv-01776-JRT-HB, in the U.S. District Court District of Minnesota

Final Hearing

12/10/2021

Settlement Website

OverChargedForPork.com

Claims Administrator

Pork Indirect Purchaser Litigation
c/o A.B. Data, Ltd.
P.O. Box 173137
Milwaukee, WI 53217
info@overchargedforpork.com
877-777-9594

Class Counsel

Shana E. Scarlett
HAGENS BERMAN SOBOL SHAPIRO LLP

Daniel E. Gustafson
Daniel C. Hedlund
GUSTAFSON GLUEK PLLC

Defense Counsel

Stephen R. Neuwirth 
Sami H. Rashid 
QUINN EMANUEL URQUHART & SULLIVAN LLP