Tyson class action claims beef is not made in U.S.

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update:

• The 10th Circuit agreed with a New Mexico federal court in its dismissal of the class action lawsuit against Tyson Foods Inc., Cargill Meat Solutions Corp., JBS USA Food Company and National Beef Packing Company LLC that alleged the companies engaged in false advertising and breached warranty by lying that Tyson meats were products of the United States.
• The panel’s decision wasn’t unanimous, but it ultimately ruled that federal law preempted the plaintiff’s arguments about product labeling. The panel noted that the federal agency tasked with monitoring and regulating meat labels for any misleading or deceptive practices already pre-approved Tyson’s labels.
• The panel determined that the plaintiff failed to state a claim of false advertising. It also denied her leave to amend as “futile.

(02/07/2020)

Tyson Foods Inc. has been hit with a class action lawsuit by a consumer who claims that the company labels their beef as a “Product of the U.S.” when, in fact, the meat is produced abroad.

Robin G. Thornton claims that since 2015, Tyson has been labeling their beef as “Product of the U.S.”

This is allegedly misleading, as Thornton argues that the meat has been imported into the U.S. after the animals have been slaughtered overseas.

According to Thornton, the labeling gives the impression to the consumer that the animal is born, raised, and slaughtered in the United States.

Thornton claims that she purchased Tyson beef products from Costco, Sam’s Club, Smith’s Grocery Store, Albertson’s Grocery Store, Walmart, Sprouts, and Whole Foods. She states that, when she purchased the beef, she relied on the label representations of “Product of the U.S.” or similar statements. She claims that she understood this to mean that the beef was made from cattle born, raised, and slaughtered in the United States.

The Tyson Foods class action claims that their beef is a “Product of the USA” even though some of this meat is derived from cattle that “never drew a breath of American air, much less were born here.”

Instead of breeding, raising, and slaughtering cattle in the U.S., the plaintiff claims that Tyson imported cattle for “immediate slaughter” or for “finishing” in the United States and then labeled the resulting as “Product of the U.S.”

Thornton allegedly did not expect that the products would be derived from non-domestic cattle because she saw on the product label that the beef is a “Product of the U.S.”

In addition, the plaintiff states that she thought that she was supporting the U.S. beef industry by purchasing products that were labeled as a “Product of the U.S.”

“Since 2015, Defendants have breached consumer trust by representing that some of their beef products are a ‘Product of the U.S.’ when in fact, the products are not derived from domestically originating cattle,” the Tyson class action lawsuit claims.

The plaintiff states that, as of 2019, Tyson now controls about 6.9 million cattle in the U.S. market and only the state of Texas exceeds the importers control with about 12.6 million cattle. Thornton claims that the defendants’ misrepresentations that their beef is a “Product of the U.S.” makes consumers buy their meat with more confidence and pay more for them than they otherwise would.

“By deceiving consumers about the true origin of the Products, Defendants are able to sell a greater volume of the Products, to produce cheaper products in other Countries, and take away market share from competitors as well as pay lower prices to domestic producers, thereby increasing their own sales and profits,” claims the Tyson class action lawsuit.

Consumers actively look for products that are truthful about animal welfare, food safety standards, sound production methods, and support for domestic producers, according to the Tyson class action lawsuit.

Additionally, the plaintiff states that she and other customers would pay more for products that are marketed and sold in this way over competing businesses that are not done so.

Did you buy Tyson’s beef thinking that it was a product of the U.S.? Leave a message in the comments section below.

The plaintiff is represented by A. Blair Dunn of Western Agriculture, Resource and Business Advocates, LLP

The Tyson beef class action lawsuit is Thornton v. Tyson Foods Inc., et al., Case No. 1:20-cv-00105, in the U.S. District Court for the District of New Mexico.

Read More Lawsuit & Settlement News:

MLB Class Action Alleges Cheating Altered Fantasy Sports Results

Zostavax Lawsuit Alleges Adverse Reaction to Shingles Shot

Canada Reimbursing Workers Impacted by Phoenix Pay System

Agnesian HealthCare Ends Lawsuit Over Illegal Kickbacks with $10 Million Whistleblower Settlement