Dairy Class-Action Lawsuit Gets Bigger

WASHINGTON -- A class-action lawsuit filed against dairy industry groups for macabre practices that may violate federal antitrust laws is getting bigger.

In early September, a class-action lawsuit was filed by dairy consumers, charging that the Arlington, Va.-based National Milk Producers Federation and its affiliated trade group, Cooperatives Working Together, engaged in illegal price fixing by paying dairy farmers to "retire" their cows in order to raise milk prices. The suit, filed in late September in California federal court, alleges that at least 500,000 cows were killed between 2003 and 2010 as part of this $9.5 billion program that reduced the nation's milk supply by 10 billion pounds.

Takoma Park, Md.-based animal advocacy group Compassion Over Killing provided much of the research and case development that led to the first lawsuit -- and in the month since that first suit was filed, two other class actions stemming from the herd retirement program have been filed.

A complaint filed in California on Oct. 28 adds new plaintiffs to the original class action, says Compassion Over Killing's general counsel, California-based Cheryl Leahy. The new complaint "fills out the action with additional consumer plaintiffs, who wish to voice their opposition to the dairy industry's unethical practices, on behalf of themselves and other dairy consumers," Leahy said in an email. "Consumers need to know that the dairy industry is not all happy cows and green pastures, as industry advertisements would like us all to believe."

A virtually identical suit filed in Minnesota federal court on Oct. 27 was dismissed shortly after being filed, according to the suit's attorney Dan Gustafson.

What will come of the suit? Jim Tillison, chief operating office of Cooperatives Working Together, said in a statement that the California lawsuit is "without merit. National Milk Producers Federation will vigorously defend its actions and those of its member cooperatives and their producers in this lawsuit and expect that those actions will ultimately be vindicated." In the meantime, enjoy some delicious soy beverages.

WATCH RELATED VIDEO: Dairy Today Magazine's report on the antitrust lawsuit.

Comments

[cetude]

07:33 AM on 11/26/2011

The dairy and meat industry PROUD SINNING of greed and gluttony. If they take such good care of their animals why do they ban cameras - hiding something? Why routine administration of antibiotics in the food and water - as a gold standard of farm factory practices - as a growth stimulant and keep them alive in their own filth - and 50% of all meat in USA is INFECTED with highly contagious (just by touching it) MRSA and other antibiotic super bugs!! PROUD SINNING!

[AverageFarmer]

07:03 PM on 11/20/2011

As of November, 2011, the nation's dairy herd equals 8,480,000 dairy cows, up 111,000 cows over October of 2011. This lawsuit claims that some 71,000 cows were slaughtered each year during the period 2002 to 2010. The plaintiffs are further "angry" that the price of milk was allegedly driven up to them.
I'd like to know just how low the plaintiffs want milk prices to go in the US? We are currently losing 5 family dairy farms a day in the US. In my part of the country, NY, we are losing a beautiful dairy farm every 3 days.
Consumer groups have long fought for cheap milk in NY. In 1998, NYC consumer groups like NYPIRG and urban politicians worked to break the back of dairy farmer collective bargaining in the form of the Northeast Dairy Coop. Urban political leaders shouted at us that they wanted "cheap milk" for NYC children and that farmers should not get one penny more.
A decade later, and some millions of acres of NY's dairy farm lands are abandoned, subdivided, wildlife habitat fragmented and river-bottom areas subdivided. Entire rural communities sit with empty Main Streets, farm businesses gone with nothing to replace them. 3 million acres of NY's grasslands sit empty or underutilized. Some desperate dairy farmers are hoping to take FRACKING money.
This lawsuit is just more of the same...desiged to damage dairy farmers, large and small. Cheaper and cheaper milk...where will it all end?

[Bea Elliott]

11:00 PM on 11/22/2011

Where will it all end? With all the issues dairy keeps dodging (and getting gov. bail out money for) it seems to make sense that it will all end with rice, oat, hemp, almond, sunflower and flax seed milk. Seems much better to grow plants and trees that will also clean the air, nourish the soil, provide homes for wildlife, AND be healthier for humans too.

To transition away is more in order than to desperately manipulate reality to suit economic interests.

[truckingfarmer]

09:14 AM on 11/18/2011

"Enjoy some delicious soy beverages"...whose the twit who thinks soy beverages are delicious...stuff smells as bad as it tastes.

[Bea Elliott]

10:45 PM on 11/18/2011

I agree - I'm not a fan of soy milk - Fortunately there's many more choices than just soy... Like rice, oat, hemp and flax seed milk. But the one my family likes most is almond milk. It is absolutely delicious by the glass or in cereal or any other recipe that calls for cow's milk. None of the fat... Just as much vitamin D and calcium - None of the many, many negatives inherent in dairy.

[AverageFarmer]

07:43 PM on 11/20/2011

Here are the positives in dairy in my state: Dairy farms serve as the bastion against subdivisions in many areas. Dairy farms offer extensive wildlife habitat, unfragmented landscapes. Check out Audubon NY's "Plan for Conserving Grassland Bird Species" This report details how as NY's dairy farms drop, grasslands recede and grassland bird species are struggling to survive. Other studies are discussing the relationship between good grazing and enhanced biodiversity on the land. Still other studies in NY are pointing to use of the grasslands for carbon sequestration. Also, you need to know that grasslands and dairy farms serve as watershed buffers and indeed during Hurricane Irene took the brunt of flooding Upstate, holding back water. The permanent grasslands of my own farm acted as a giant basin withholding the Irene deluge, slowing releasing, while protecting the village in the valley below our farm. Bea, I urge you not to jump to judge and to understand the entire picture of how an agriculture can fit with the land.

[cetude]

07:38 AM on 11/26/2011

are you kidding me? MILK IS DISGUSTING! It stinks and makes a person fart. It comes from cow's sex organs. Drinking milk is a DEADLY SIN because it is a form of bestiality--from cow breasts to YOUR MOUTH. Disgusting! You are going to HELL for your gluttony! REPENT! Thank God for 700,000+ strokes and over a million heart attacks a year in USA - God's punishment for worshiping the belly! "Whose end is destruction, whose God is their belly, and whose glory is in their shame, who mind earthly things." Philippians 3:19. Amen!

[truckingfarmer]

07:03 PM on 11/27/2011

Comes from a cow's"sex organs"....you need to put the Bible aside a while and get out a book on animal husbandry....I hate to break it to you but a cow's udders aren't a part of their sex life....thanks for the laugh though.

[Jude Arsenault]

07:46 PM on 11/17/2011

the dairy industry is cruel.it does not matter which farm it is.no calves drink their mother's milk.bull calves are slaughtered.all dairy cows are raped and milked(would you like to be milked?)for three to five years and then slaughtered.cows are sensitive sentient beings.dairy products are NOT healthy.

[vtmilitia]

08:38 PM on 11/17/2011

I guess you better stay away from anything produced on a farm. Milk,meat,eggs,leather,feather pillows,goose down,wool and the ever popular cosmetics.

[Bea Elliott]

10:49 PM on 11/18/2011

That's exactly the plan... Thus far it takes a bit of knowledge (slaughterhouse waste is in so many icky things) - But with just a bit of conscientious shopping and everything is replaced with joyful ease! ;)

[Jude Arsenault]

06:14 PM on 12/24/2011

YES!! that is exactly what i do with extreme pleasure and i wish everyone else would too.imagine what a beautiful world it would be! :)

[Moongoddess3]

12:13 AM on 11/18/2011

That depends on the dairy. I have 3 family members who run dairies and sell products privately. They are humble, salt of the earth people and they certainly didn't get into the business to get rich. Running a dairy is very hard work, but they love it and take very good care of their cows. It's very unfortunate and upsetting to me that things like in this article happen, it really reflects poorly on the others that are just making an honest living.
On a side note: One of my uncles that ran a dairy farm just past away, he was one of the most kind hearted, honest, sweetest men. I've never met a person that could say anything bad about him. He gave fresh vegetables, meat, and milk unselfishly and happily to anyone in need. I wish there were more like him.

[Amy Isabella]

12:18 PM on 11/18/2011

I have never confused small, privately owned dairy (beef, poultry, etc...) farms with the enormous corporately owned farms that are typically associated with committing these atrocities. I am sure there are small, money-centric farms out there as well, however most of the horrid stories we hear are coming from farms run by non-present entities.
Please send thanks to your family for continuing to struggle through, despite the attack by big business to eradicate them. I live in Portland (ever seen Portlandia? Yeah it's really like that here lol) and we really do try very hard to support our local farms as much as we can.

[Jude Arsenault]

06:11 PM on 12/24/2011

NO exceptions including the single barnyard cow!

[svasol]

07:36 PM on 11/17/2011

Don't think its going to go anywhere- looks like a PR move. Culling herds to keep the price up is pretty normal - but is it price fixing?

I bet there are people wanting to grow their herd now - so it should drop. Its at an all time high.

All in all the dairy farmers are much better to their herds than the beef producers, who really culled their herds a couple of years ago - look at the price of beef!

[Ty Thompson]

05:06 PM on 11/17/2011

That's the type of stuff you get when you give bottlers a monopoly on the entire milk market and make it illegal for the producers to sell except through them, it's slavery.

[svasol]

07:40 PM on 11/17/2011

But, you have all the consumers, lawyers, FDA and media saying that no one can get ANY bacteria from ANY food source. With that... its going to get the whole system concentrated. Its really tough out there in the food industry now....zero tolerance! People are scared.

[Ty Thompson]

04:20 AM on 11/19/2011

Not the people buying into the co-ops, at least not afraid of the food from there, which are the places they are cracking down on. All the major processors have recalls, many with deaths and their customers are the ones assuming 100% safety, yet few are shut down. Interesting that they are enforcing laws arbitrarily and exactly opposite the lines of customer expectations.

[ayisha]

04:55 PM on 11/17/2011

the dairy industry is not under attack. it is the American consumer who is once again under attack. and we are supposed to "trust the market"?

[Mary E Woods]

04:17 PM on 11/17/2011

I am beginning to believe that there is a crook in every industrial crockpot! From the White House to the janitor's closet, one can witness or hear about some criminal activities taking place. In my hometown and state of residency, so many perpetrators of a given crime are behind bars or serving minimal sentences outside of the prison system. This week the Albuquerque Journal reported that our ex-governor is being investigated for a serious lawful offense; yet his administration was undergoing some type of investigation during most of his term as governor.

If our governing bodies would unexpectedly move in on every industry herein, outside agencies would have to be utilized to carry out the job successfully. These people just don't know what part of the laws they are governed by. Don't look now, but more penal systems are needed--Now!

Y'all come - 2011

[John Roman]

04:00 PM on 11/17/2011

Soy milk. Almond milk. Rice milk.

[Shelby Phillips]

08:12 PM on 11/17/2011

Don't forget coconut milk! Yum.

[hpsuksnads]

08:20 PM on 11/17/2011

I have tasted soy milk and it sucks! When my youngest sister was born she was allergic to milk. She had to drink soy milk for a few years. I tasted it and it sucked!! Almond milk, rice milk, or even coconut milk sounds good but never tried it.

[Bea Elliott]

10:55 PM on 11/18/2011

Hi... When I decided to ditch dairy soy milk was the first plant based milk I tried. I didn't like it at all. Then I tried rice milk and was pleasantly surprised... But the almond milk is absolutely delicious. Regular or vanilla - Try it on cereal and I bet you like it more than cow's milk... It's worth the switch for all the benefits. ;)