Judge Tosses Tyson Prime Pork Class Action Lawsuit

In Florida, a federal judge has decided to toss a proposed class action lawsuit from consumers who challenged Tyson using the term “prime” to describe their Chairman’s Reserve Prime Pork products.

According to the plaintiffs, this term would confuse customers who are used to the USDA’s prime beef grading, because the USDA does not have the same grading for pork. However, in an update to this legal news, U.S. District Judge Paul C. Huck disagreed with this assertion, saying that most consumers would not be confused by the pork labeling.

The judge decided that, if a customer knew enough about USDA ratings to know what prime beef was, they would also know enough to understand that pork does not receive the same rating. Further supporting his decision that consumers would not be misled by the label, the judge noted that no part of the Tyson pork products packaging bore the “USDA” label.

Judge Huck issued his ruling in response to the consumers’ claims that Tyson intentionally used the word “prime” to imitate the USDA beef grading. According to the consumers, the use of the word “prime” leads consumers to think that the prime pork is equivalent to a prime beef graded by the USDA, making them more likely to buy the pork than they otherwise would.

Judge Huck did not agree with this claim. He explained that the absence of the USDA label was significant because the USDA places its label on each product that it grades. In his eyes, the absence of this label was enough to show consumers that the product had not been graded by the USDA.

Tyson expressed approval of this decision. According to Law360, a spokesperson for the company called the prime pork class action lawsuit “frivolous” and “meritless.” The company argued that the litigation was an effort by attorneys to make money off of the allegations, instead of a genuine effort to protect consumers.

Judge Huck had previously given the consumers an opportunity to amend the complaints in the Tyson Chairman’s Reserve Prime Pork class action lawsuit, but in this decision, determined that the consumers had not sufficiently done so.

Now, he has declined to give them another opportunity to amend their complaints.

The judge explained the nature of the requested amendments to the complaints. He stated that Tyson had moved to dismiss the Tyson prime pork false ad class action lawsuit.

When he heard this motion to dismiss, the judge asked the consumers to clarify a central point of their argument.

According to the judge, it was not clear whether the consumers were alleging that Tyson misrepresented its pork by calling it “prime,” or whether the company had falsely advertised that the USDA had graded their pork.

The consumers reportedly stated that they were claiming the latter — that Tyson had falsely advertised the pork as prime — and amended their claim to that effect. Upon review of the amended complaint, the judge decided to dismiss the allegations.

The judge’s decision explains that the consumers themselves did admit that the USDA approved Tyson’s use of the term “prime” to describe their pork products. The consumers argued that, though Tyson had permission to use this name, it was still misleading because consumers would believe the product to be graded by the USDA.

To support this claim, the consumers cited advertising material from Tyson. They presented a newsletter that supposedly read “just like prime beef, the new Chairman’s Reserve Prime Pork is the upper-echelon of quality in terms of having superior marbling, a visible pink color…”

According to consumers, the same newsletter went on to read “we’re excited to provide our guests with fresh pork that’s the same caliber as our prime beef offerings…”

The Tyson pork false ad class action lawsuit further claimed that Tyson’s social media posts echoed this equation of the prime pork to prime beef, calling the Chairman’s Reserve Prime Pork “the same high-caliber as our Premium and Prime Beef.”

Despite the consumers’ extensive citations, Judge Huck determined that the fact that the USDA itself had approved the use of the word prime, and that Tyson did not present the USDA label as if the organization had graded the pork, outweighed possible confusion to consumers.

Do you rely on beef gradings to make your purchases? Would you assume the same grading system applied to pork? Share your thoughts in the comments below.

The customers are represented by Mason A. Pertnoy, Richard L. Allen, and Steven D. Solowsky of Solowsky & Allen PL; and by Gary N. Mansfield, Ronnie Bronstein, and David Stone of Mansfield Bronstein Stone LLP.

The Tyson Chairman’s Reserve Prime Pork Class Action Lawsuit is Fred Michael Davis, et al. v. The Fresh Market Inc., et al., Case No. 1:19-cv-24245-PCH, in the U.S. District Court for the Southern District of Florida.

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