Still Time to File Claims for Fresh Potato Class Action Settlement

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Those who purchased fresh potatoes in more than a dozen states in the last 11 years still have time to file a claim to benefit from a class action settlement, which resolves price-fixing allegations aimed at several potato growers, packers, distributors and industry groups.

If you purchased fresh potatoes in Arizona, California, Florida, Iowa , Kansas, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Tennessee, Vermont or Wisconsin from Oct. 14, 2004 through April 10, 2015, you have until Oct. 16, 2015 to file a claim to benefit from this class action settlement.

The $5.5 million potato antitrust class action settlement is for both direct purchasers and indirect purchasers of fresh potatoes. Direct purchasers include those who bought the potatoes from the farmers or distributors directly.

Indirect purchasers include those who purchased potatoes from a retailer, such as a grocery store, for their own personal use.

Under the terms of the deal, “fresh potatoes” refers to “potatoes grown in the United States and planted exclusively for and sold to the Fresh Potato market. Fresh Potatoes do not include process potatoes, which are sold for further processing, including dehydrating, freezing, canning, chipping, dicing, slicing, chopping, and packaging.”

The amount Class Members will receive will depend on how many claims are filed. The settlement fund will be divided equally between all of the Class Members. Each household may only file one claim.

The fresh potato antitrust price-fixing allegations are aimed at those who grow, pack, process and market potatoes in the 14 states named in the potato class action settlement, including:

• United Potato Growers of America Inc.;

• United Potato Growers of Idaho Inc.;

• Wada Farms Inc.;

• Wada Farms Potatoes Inc.;

• Wada Farms Marketing Group LLC;

• Wada-Van Orden Potatoes Inc.;

• Albert Wada;

• Blaine Larsen Farms Inc.;

• Blaine Larsen;

• Potandon Produce LLC;

• Cornelison Farm Inc.;

• Keith Cornelison;

• Michael Cranney d/b/a Cranney Farms;

• Snake River Plains Potatoes Inc.;

• Driscoll Potatoes Inc.;

• Lance Funk d/b/a Lance Funk Farms;

• Rigby Produce Inc.;

• Pleasant Valley Potato Inc.;

• Kim Wahlen;

• Raybould Brothers Farms LLC;

• Idahoan Foods LLC;

• United II Potato Growers of Idaho Inc.;

• R.D. Offutt Co.;

• Ronald D. Offutt Jr.; and

• Each of their corporate parents, subsidiaries, and affiliated companies.

The named defendants are charged with participating in a conspiracy to limit the amount of potatoes available in order to raise prices.

The defendants in the potato industry deny any wrongdoing but have agreed to settle to avoid the cost and risk of going to trial.

The deadline to file a claim to benefit from the fresh potato class action settlement is Oct. 16, 2015.

More information about the status of the fresh potato antitrust class action settlement may be found at www.PotatesAntitrustSettlement.com.

The class is represented by attorneys at Milberg LLP and Glancy, Prongay, & Murray LLP.

The Fresh Potato Class Action Lawsuit MDL is In re: Fresh and Process Potatoes Antitrust Litigation, MDL No. 2186, in the U.S. District Court for the District of Idaho, Eastern Division.