Beef Products from Tyson Foods, Cargill Meat Solutions, JBS USA Food, and National Beef Packing Company

August 2020: A federal judge dismissed the consolidated case with prejudice concluding that the state law claims are preempted under federal law. Also in August, the named plaintiffs filed a Notice of Appeal regarding the dismissal. (Case No. 20-2124, 10th Cir.)

March 2020: This case was consolidated with a related case, Lucero v. Tyson Foods (Case No. 20-cv-106, D.N.M.).

February 2020: This case was transferred from state court to federal court. (Thornton et al v. Tyson Foods, Inc. et al, Case No. 20-cv-105, D.N.M.)

January 2020: A class-action lawsuit was filed against Tyson Foods, Cargill Meat Solutions, JBS USA Food Company, and National Beef Packing Company for allegedly deceptively putting a “Product of the U.S.” label on beef products to give consumers the impression that the products are from animals born, raised, and slaughtered in the United States when, according to the complaint, the products contain either imported beef or beef from imported cattle. (Thornton et al v. Tyson Foods, Inc. et al, Case No. D-202-CV-2020-00109, New Mexico State Court – Bernalillo)

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When a complaint is dismissed with prejudice, it cannot be refiled.

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