International Trade
Agricultural Law Weekly Review—Week Ending November 11, 2022
Agricultural Antitrust: Federal Court Denies Tyson’s Motion to Dismiss Poultry Renderers’ Antitrust Suit 🌾
On November 8, 2022, the U.S. District Court for the Northern District of Georgia issued an order denying a motion to dismiss filed by River Valley Ingredients, LLC; Tyson Poultry, Inc.; and Tyson Farms, Inc.—the defendants in an antitrust case filed by three southeast poultry rendering companies. American Proteins, Inc. v. River Valley Ingredients, LLC, No. 2:22-cv-00091. According to the complaint, filed May 11, 2022, River Valley and Tyson acquired ten-year exclusive contracts with Wayne Farms and Koch Foods, two of the plaintiff […]
Agricultural Law Weekly Review—Week Ending July 22, 2022
Antitrust: Federal Poultry Processing Wage Suppression Suit Alleging National Conspiracy Survives Motions to Dismiss 🌾
On July 19, 2022, U.S. District Court for the District of Maryland issued an opinion on five motions to dismiss the third amended complaint in this 2019 putative class action case titled Judy Jein, et al. v. Perdue Farms, Inc., et al. No. 19-2521 (USDC MD), based upon Sherman Act antitrust violations on behalf of workers at various poultry processing plants. The class action alleges that the defendant manufacturers conspired to depress wages and share compensation data in order to do so. The twenty-six […]
Agricultural Law Weekly Review—Week Ending June 10, 2022
Avian Influenza: New Commercial HPAI Detections Plummet Nationally 🌾
As of June 13, 2022, the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS)’s HPAI 2022 Confirmed Detections database confirmed a total of 369 highly pathogenic avian influenza (HPAI) detections in 36 states (186 commercial flocks and 183 backyard flocks), resulting in 40.09 million birds depopulated. Iowa leads the nation with 13.374 million birds depopulated in 15 infected commercial premises, however there have been no new detections in Iowa since May 4th and the Iowa Department of Agriculture has ended a moratorium on live bird exhibitions effective June […]
Agricultural Law Weekly Review—Week Ending May 6, 2022
Avian Influenza: HPAI Confirmed at Thirteen Pennsylvania Commercial Poultry Operations 🌾
Between April 15 through May 14, 2022, the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) has confirmed thirteen commercial poultry premise/flocks diagnosed with highly pathogenic avian influenza (HPAI) in Pennsylvania — 8 in Lancaster County and 5 in Berks County. All premises have been quarantined, through orders of special quarantine, all birds have been depopulated, totally 4.166 million birds) and composted on site. In addition, all commercial poultry facilities within a 10-kilometer (6.2 mile) radius of the infected premises became part of a “Control Zone” […]
Agricultural Law Weekly Review—Week Ending March 25, 2022
Animal Welfare: U.S. Supreme Court Will Hear Commerce Clause Challenge to California Prop 12 🌾
On March 25, 2022, the U.S. Supreme Court, for the eighth time since January 7, 2022, considered the Writ of Certiorari filed by the National Pork Producer Council requesting the Court hear its appeal to overturn the Ninth Circuit Court of Appeals’ July 28, 2021, decision that California’s Proposition 12 does not violate the U.S. Constitution’s Commerce Clause. National Pork Producers Council, et al. v. Karen Ross, No. 21-468. On March 28, 2022, with a one sentence order, the Court granted the petition and […]
Agricultural Law Weekly Review—Week Ending January 21, 2022
Pesticides/Herbicides: ‘Pure’ Honey Label May Be Deceptive Due to Pesticide Residue
On January 13, 2022, the U.S. District Court for the Eastern District of New York issued an order denying in part honey maker Sioux Honey Association Cooperative’s motion to dismiss a claim against it alleging deceptive business practices, false advertising, and unjust enrichment because the company’s SueBee brand honey was labeled with the words “Pure” or “100% Pure” when the honey contained trace amounts of glyphosate. Scholder v. Sioux Honey Association, No. 2:16-cv-05369. Sioux Honey argued that its “Pure” labeling was not misleading because any glyphosate present in […]
Agricultural Law Weekly Review—Week Ending January 14, 2022
COVID-19: Supreme Court Grants Stay of OSHA Workplace Vaccination Rule 🌾
On January 13, 2022, the U.S. Supreme Court granted applications for a stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) (86 FR 61402). National Federation of Independent Business, et al., v. OSHA et al., Nos. 21A244 and 21A247. The stay will be in effect until the cases are finally concluded in the federal courts. The cases were also remanded back to the Sixth Circuit Court of Appeals for disposition on […]
Agricultural Law Weekly Review – Week Ending November 19, 2021
COVID-19: Federal Courts Affirm Stay and Consolidate Cases Challenging OSHA’s Vaccination and Testing Emergency Temporary Standard 🌾
On November 12, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an opinion reaffirming the court’s November 6, 2021 temporary stay of the U.S. Department of Labor (DOL) Occupational Safety and Health Administration’s (OSHA) November 5, 2021 COVID-19 Vaccination and Testing Emergency Temporary Standard (86 FR 61402). BST Holdings v. OSHA, No. 21-60845. OSHA’s “Emergency Temporary Standard” webpage now states that, although the agency “remains confident in its authority to protect workers in emergencies, OSHA has […]
Agricultural Law Weekly Review – Week Ending October 29, 2021
Agribusiness: Federal Court Allows Securities Fraud Claims to Proceed Against Bayer Re: Monsanto Purchase 🌾
On October 19, 2021, the U.S. District Court for the Northern District of California issued an order denying Bayer’s motion to dismiss a suit brought by Bayer investors alleging that the company’s actions in connection with its acquisition of Monsanto violated the Securities and Exchange Act of 1934. Sheet Metal Workers National Pension Fund v. Bayer Aktiengesellschaft, No. 3:20-cv-04737. The plaintiffs, multiple pension funds, claim that Bayer misstated the safety of glyphosate and Roundup, Bayer’s own due diligence efforts, and the legal risks […]
Agricultural Law Weekly Review – Week Ending October 22, 2021
Animal Welfare: Federal Court Refuses to Dismiss Suit to Compel USDA Regulations on Poultry Processing Plant Animal Handling 🌾
On October 13, 2021, the U.S. District Court for the Western District of New York issued a decision refusing to dismiss two animal welfare organizations’ lawsuit filed against the U.S. Department of Agriculture (USDA) for refusing to issue regulations governing live animal handling practices at poultry processing plants. Animal Welfare Institute et al. v. Perdue et al., No. 6:20-cv-06595. While the decision rests upon technical legal issues of standing and subject matter jurisdiction, the lawsuit, if successful, would compel USDA […]
