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Thursday, November 21, 2019

Lawsuit alleges Fresh Market, Tyson market 'prime pork' products to confuse consumers

Federal Court

By Marian Johns | Nov 1, 2019

Freshmarket

MIAMI (Legal Newsline) – Fresh Market and Tyson Fresh Meats are facing a proposed class suit filed by Florida consumers who claim the companies' falsely led customers to believe their prime pork products were graded "USDA Prime."

According to the Oct. 15 filling in the U.S. District Court for the Southern District of Florida, plaintiffs Fred Michael Davis, Clarence Broussard and others filed a suit against defendants The Fresh Market Inc. and Tyson Fresh Meats Inc. alleging violations of Florida's Deceptive and Unfair Trade Practices Act, unjust enrichment and other counts.

The plaintiffs allege that Tyson "developed a comprehensive and uniform marketing campaign to use with its retailers, such as Fresh Market, to mislead and confuse consumers" with its Chairman's Reserve Prime Pork.

"Commencing in May 2019, Fresh Market, via its officers and directors, partnered with Tyson to sell the product in its stores," the plaintiffs state in their suit. "In so doing, Fresh Market decided to trade off of the known quality and prestige of USDA Prime Beef and to 'elevate' its pork to 'prime' in an effort to increase its pork sales in its stores."

The plaintiffs allege the product is not graded by the U.S. Department of Agriculture as "prime" because the agency does not grade pork like it does beef.

The plaintiffs seek damages for civil conspiracy and pre- and post-judgment interest as well as litigation costs. 

The plaintiffs are represented by Mason Pertnoy, Richard Allen and Steven Solowsky of Solowsky & Allen PL in Miami, Florida; and Gary Mansfield, Ronnie Bronstein and David Stone of Mansfield, Bronstein & Stone LLP in Fort Lauderdale, Folrida.

U.S. District Court for the Southern District of Florida case number 1:19-cv-24245-PCH

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