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Consumer Law
Consumer Protection
Unfair Competition

San Diego County v. Clougherty Packing, LLC

Published: Jan. 15, 2011 | Result Date: Nov. 23, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 37-2010-00104747 Settlement –  $451,564

Court

San Diego Superior


Attorneys

Plaintiff

Bonnie M. Dumanis


Defendant

Steven Wells

Kent J. Schmidt
(Dorsey & Whitney LLP)


Facts

Defendant Clougherty Packing LLC, based in Minnesota, operates meat packing plants in California and elsewhere, producing packaged food products under the brand "Farmer John." Farmer John products are sold in San Diego County and throughout the state.

Inspections were conducted by the California Dept. of Food and Agriculture Division of Measurement Standards, and local weights and measures officials in San Diego and five other counties.

A lawsuit was filed against the meat packaging company alleging that it offered for sale short-weighed bacon and chitterling products.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Clougherty packaged and sold Farmer John bacon and chitterling products with excessive moisture or other packaging problems, resulting in less net weight of food products than stated on package labels.

Result

Defendant agreed to pay $451,564 in civil penalties, costs, and other relief to settle the lawsuit without admitting any wrongdoing.


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