Prime Pork

June 2020: A federal judge dismissed this case with prejudice finding that plaintiffs did not plausibly allege that reasonable consumers would be misled by the marketing.

October 2019: A class-action lawsuit was filed against The Fresh Market and Tyson Fresh Meats for allegedly misleadingly marketing “Prime Pork” when, according to plaintiffs, the USDA does not grade pork and there is no such thing as “Prime” pork. (Davis et al v. The Fresh Market, Inc. and Tyson Fresh Meats, Inc., Case No. 19-cv-24245, S.D. Fl.)

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

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