Hagens Berman, on Behalf of Milk Purchasers, Files Class Action Against Dairy Industry Groups


LOS ANGELES - Hagens Berman, on behalf of several dairy consumers, including Compassion Over Killing (COK) members, yesterday filed a class-action lawsuit alleging that various dairy companies and trade groups, including the National Milk Producers Federation, Dairy Farmers of America, Land O’Lakes, Inc. and Agri-Mark, Inc. combined to form Cooperatives Working Together (CWT) in order to fix the price of milk in the United States.

CWT is a massive trade group representing dairy producers throughout the country who produce nearly 70 percent of the milk consumed in the United States.

The lawsuit, filed in the United States District Court for the Northern District of California on Sept. 26, 2011, alleges that between 2003 and 2010, more than 500,000 cows were slaughtered under CWT’s dairy herd retirement program in a concerted effort to reduce the supply of milk and inflate its price nationally. According to the complaint, the increased price allowed CWT members to earn more than $9 billion in additional revenue.

The plaintiffs in the case are represented by leading class-action law firm Hagens Berman Sobol Shapiro, LLP. The case was initially researched and developed by Compassion Over Killing, a national animal protection organization.

“We believe this case serves two important causes,” said Steve Berman, managing partner of Hagens Berman. “A resolution to this case will protect consumers from artificially-inflated milk prices and also will prevent the unnecessary and shameful killing of tens of thousands of cows each year.”

“The dairy industry has consistently shown its lack of regard for animal welfare and the environment,” said Compassion Over Killing general counsel Cheryl Leahy. “Now it’s milking its own consumers by unlawfully jacking up prices. The dairy industry must be held accountable for these illegal profits.”

The complaint further alleges that the program, which paid smaller farm owners to kill their entire dairy cow herds, unfairly increased the profits of agribusiness giants.

Dairy herd retirement ended in the summer of 2010, but CWT’s tactics may affect the price of milk for years, according to the lawsuit. The end of the program came shortly after Land O’Lakes agreed to pay $25 million to settle a class-action lawsuit filed against the United Egg Producers and its members. That case alleged that egg producers were encouraged to reduce their flock size as part of a program disguised as an animal welfare initiative.

Hagens Berman is interested in speaking to consumers who purchased milk or milk products from 2004 to the present. Consumers can contact the firm by calling (206) 623-7292 or by emailing CWT@hbsslaw.com. More information about the case can also be found at http://hbsslaw.com/cases/dairy-price-fixing.

Compassion Over Killing has released additional information about the case, which can be found at www.cok.net/camp/inv/dairy-price-fixing.

According to Compassion Over Killing, the most effective way consumers can safeguard animals and put an end to cruel factory farming practices is simply to choose meat, egg and dairy-free foods. For more information, visit COK.net.

About Compassion Over Killing

Compassion Over Killing (COK) is a nonprofit animal protection organization based in Los Angeles and Washington, D.C. Since 1995, COK has worked to end the abuse of animals in agriculture through undercover investigations, public outreach, litigation, and other advocacy programs. COK is on the web at COK.net.


About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at@ClassActionLaw.

Ashley Klann

Cheryl Leahy at 310-375-2280 (office), 773-259-7760 (cell), or cleahy@cok.net

Hagens Berman purchases advertisements on search engines, social media sites and other websites. Transmission of the information contained or available through this website is not intended to create, and receipt does not constitute, an attorney-client relationship. If you seek legal advice or representation by Hagens Berman, you must first enter a formal agreement. All information contained in any transmission is confidential and Hagens Berman agrees to protect information against unauthorized use, publication or disclosure. This site is regulated by the Washington Rules of Professional Conduct.

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08/27/18: CASE UPDATE

Status of payments to consumers:

The Court approved the settlement, but an objector filed an appeal.  And the settlement funds cannot be distributed until this appeal is resolved.  Briefing deadlines for this appeal were recently set for October and November of 2018.  So hopefully the appeal will be resolved within the next year and then distribution of the settlement funds can commence.

06/26/17: Court Grants Final Approval of $52M Dairy Price-Fixing Settlement

On June 26, 2017, the court granted final approval of the class-action settlement, which allows funds to be issued to consumers. If you have questions about your portion of the settlement, you may contact the settlement administrator here: www.boughtmilk.com.

05/02/17: Settlement Update: Awaiting Court's Approval

The $52 million settlement that came from the milk antitrust lawsuit is very much real and stemmed from a harsh reality –  that the country’s largest dairy conglomerates needlessly, prematurely slaughtered 500,000 cows solely to boost prices and generate profit. Now that the settlement has been reached, we look forward to the court issuing a final ruling on the settlement soon, after which consumers will begin receiving payments. Consumers who are waiting for their reimbursement can also contact the settlement administrator via the boughtmilk.com website to check on the status of their claim.

—Steve Berman, Managing Partner

01/31/17: Settlement Claims Period Has Ended


Submit a simple online claim form at www.boughtmilk.com, or by mail to Fresh Milk Products Antitrust Litigation, PO Box 43430, Providence, RI 02940-3430. Forms must be received by Jan. 31, 2017.


09/06/16: Settlement Reached

Consumers in 15 states and the District of Columbia who purchased dairy products are now entitled to a portion of a $52 million settlement.

If you purchased milk or other fresh milk products (cream, half and half, yogurt, cottage cheese, cream cheese, or sour cream) while a resident of Arizona, California, the District of Columbia, Kansas, Massachusetts, Michigan, Missouri, Nebraska, Nevada, New Hampshire, Oregon, South Dakota, Tennessee, Vermont, West Virginia or Wisconsin at any point between 2003 to the present, you may be eligible for reimbursement.

09/16/14: Class Certified

Court grants Class Certification.

10/30/12: Motion to Dismiss Denied

Court denies Motion to Dismiss.