August 2020

Cargill Wins Dismissal of Two Class Actions Challenging Beef Labeling

United States - New Mexico

Our firm served as lead counsel for Cargill Meat Solutions in winning dismissal of two class action complaints filed in New Mexico federal court. The plaintiffs were a beef consumer and a cattle rancher who alleged that Cargill and other beef processing companies were engaged in false and deceptive practices by labeling their beef products as “Products of the U.S.A.” The plaintiffs alleged violations of state unfair practices law, as well as state antitrust and common-law claims. Cargill argued that the plaintiffs’ claims failed because they were preempted by federal law and failed to state a claim. The Court adopted Cargill’s arguments in full and dismissed plaintiffs’ claims with prejudice. An appeal is pending. The order is available at 2020 WL 5076083. Thornton v. Tyson Foods, Inc., No. 1:20-CV-105-KWR-SMV (D.N.M. 2020).

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