“Prime Pork” Grading Claims Dismissed by Federal Judge In Florida

Glad to see a meritless case dismissed prior to the discovery phase.

In this case, a lawsuit claiming that Tyson’s use of “Prime Pork” constituted false advertising.

Senior United States District Judge Paul Huck of the Southern District of Florida quickly dismissed this case with prejudice.

The court dismissed the plaintiffs’ complaint in its entirety, finding it “implausible” that a reasonable consumer who was familiar enough with the USDA grading process for beef to “simultaneously be ignorant of the fact that the USDA does not grade pork.” This was especially true given that the term “USDA” did not appear anywhere on the pork’s packaging. As the court held, a “reasonable consumer sufficiently familiar with USDA grading would note the absence of the term.” With this in mind, the court found the use of the word “prime” to be non-actionable puffery and dismissed the complaint with prejudice.

Considering that this Judge was previously a member of the Civil Trial Bar, I am very pleasantly surprised and pleased with his quickly deep sixing this case.

As the article goes on to state, false advertising claims are generally very difficult and expensive to defend and if the Judge had let this case proceed to discovery, the defendant (Tyson) would have had to make a difficult decision about whether to spend the money on defense or just settle and let the Plaintiffs have their little shakedown (which is what this lawsuit was essentially all about, trying to shakedown a corporation for free money).

Glad to see the Judge stopped this in its tracks.

Tyson products suck. Always inferior and I have no doubt they want people to associate the word Prime with the way beef is graded. And pork should be graded in my opinion. That said, I have to go with the judges decision, reluctantly I admit. I do not like that company one bit.

Can you tell?

Quality grades on beef are purely voluntary.

There is simply no demand for a pork grading system by any of the major end users of pork, be it restaurants, processors or consumers. Even if such a system existed, it would still be purely voluntary, same as with beef.

My company’s slaughterhouse in northeast Pennsylvania handles expiring dairy cattle almost exclusively. Because none of the carcasses processed at that facility would grade higher than USDA Commercial and most would grade at the lowest grades of Cutter and Canner, no voluntary grading of carcasses is done, as all the output goes for stuff like hot dogs, sausages, dog food, etc.

Voluntary beef grading only exists because their is a high demand for high grade beef and the fact that high grades of beef are far more costly.

While I agree with the dismissal his reasoning is piss poor.

The average consumer knows nothing more about meat processing and grading than what appears on the package or what they see on TV commercials.

Honestly it’s shocking how little people know about the food they put in their mouths and where it comes from along with how it is produced.

We are woefully ignorant as a country about the entire process and far too dependent on gov’t inspection to “protect us”.

Countless times I’ve seen people about to start cooking and then to eat meat/poultry I could tell was bad from the smell standing ten feet away or more was rotten.

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If they were sued and won, I sure hope the litigators had to pay the lawyer bills?