Broiler chicken price-fixing $181 million class action settlement

Updates:

• The claim deadline has been extended to June 30, 2024.

• The court granted the broiler chicken price-fixing settlement final approval on Dec. 20, 2021.

• The claim deadline has been extended to Dec. 31, 2023.
• The claim deadline has been changed to “to be determined.”
• The claim deadline has been extended to April 3, 2023.

Several chicken processors — Fieldale, George’s, Mar-Jac, Peco, Pilgrim’s Pride and Tyson — have reached a $181 million settlement in a class action lawsuit over alleged broiler chicken price-fixing.

Anyone who was a resident of certain U.S. states between Jan. 1, 2009, and July 31, 2019, and indirectly purchased whole chicken, chicken breasts or wings from the settling processors, is eligible to participate in the broiler chicken settlement.

The states included in the broiler chicken settlement are: California, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, and Wisconsin, plus the District of Columbia.

The Pilgrim’s broiler chicken settlement covers a claims period of Jan. 1, 2009, to Dec. 31, 2020, in the same states.

A person or entity is considered an indirect purchaser if they purchased the product or service at issue through an intermediary source such as a retail store or wholesaler, rather than directly from a defendant.

The court previously approved settlements for direct purchasers of chicken from Fieldale, Peco, George’s, Amick, Tyson and Pilgrim’s Pride.

If the current settlements with indirect purchasers are approved, Tyson will pay $99,000,000, Pilgrim’s will pay $75,500,000, George’s will pay $1,900,000, Peco will pay $1,900,000, Fieldale will pay $1,700,000, and Mar-Jac will pay $1,000,000.

While the current settlements are only with the six named companies, the settlement class includes people who purchased products from multiple additional non-settling defendants and alleged co-conspirators. Members of the class who do not exclude themselves may be eligible to participate in any additional settlements that arise from the additional defendants.

No money will be distributed yet while attorneys continue to pursue lawsuits against the remaining non-settling broiler chicken price-fixing lawsuit defendants. After attorney’s fees and other expenses are paid from the settlement fund, class members submitting valid claim forms and do not exclude themselves will receive a pro rata portion of the fund based on their broiler chicken purchases during the class period. 

To be eligible to receive a payment from any of the class action lawsuit settlements, consumers must complete and submit a timely claim form — no proof of purchase required — by Dec. 31, 2022, though if an additional settlement is reached, the deadline may be extended. Any extensions will be posted on the broiler chicken price-fixing settlement website. Those who submit claim forms on time will automatically participate in any future related settlements unless they choose to opt out.

A fairness hearing in the broiler chicken price-fixing class action lawsuit settlements was held Dec. 20, 2021.

Consumers wishing to exclude themselves must mail an exclusion request, which must be postmarked or received by Nov. 10, 2021.

Claim forms in the broiler chicken settlement must be submitted by June 30, 2023.

Who’s Eligible

Anyone who indirectly purchased fresh or frozen raw chicken, whole cut-up birds purchased within a package, or “white meat” parts including breasts and wings , but excluding chicken that is marketed as halal, kosher, free range, or organic) from the Defendants while a resident of California, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Rhode Island (after July 15, 2013), South Carolina, South Dakota, Tennessee, Utah, Wisconsin or the District of Columbia from Jan. 1, 2009 (except for Rhode Island, which is from July 15, 2013), to July 31, 2019. The Pilgrim’s broiler chicken settlement covers a slightly longer claims period, from Jan. 1, 2009, to Dec. 31, 2020.

Potential Award

Varies

No payments will be made yet while attorneys continue to pursue cases against the remaining defendants that have not settled. After attorney’s fees and other expenses are paid from the settlement fund, Class Members submitting valid claim forms and do not exclude themselves will receive a pro rata portion of the fund based on their chicken purchases during the Class Period.

Proof of Purchase

No proof of purchase is necessary. However, the administrator may ask for additional information or documentation. 

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

06/30/2024

Case Name

In re: Broiler Chicken Antitrust Litigation, Case No. 1:16-cv-08637, in the U.S. District Court for the Northern District of Illinois

Final Hearing

No date set yet.

Settlement Website

OverchargedForChicken.com

Claims Administrator

Broiler Chicken Consumer Litigation
c/o A.B. Data, Ltd.
P.O. Box 173045
Milwaukee, WI 53217
info@overchargedforchicken.com
877-888-5428

Class Counsel

Shana E. Scarlett
HAGENS BERMAN SOBOL SHAPIRO LLP

Brent W. Johnson
COHEN MILSTEIN SELLERS & TOLL, PLLC

Defense Counsel

Rachel Johanna Adcox
Carmel Rana Arikat
Denise Lynne Plunkett
John M. Tanski
Kail J. Jethmalani
Nicholas Gaglio
Daniel K. Oakes
Jarod G. Taylor
Kenina J. Lee
Michael J. O’Mara
AXINN, VELTROP & HARDIKER LLP

Jordan Matthew Tank
LIPE LYONS MURPHY NAHRSTADT & PONTIKIS