Appeals Court Dismisses “Product of the U.S.A.” Labeling Lawsuit

A federal appeals court has affirmed the dismissal of a lawsuit brought by cattle ranchers over the alleged mislabeling of beef as a “Product of the U.S.A.”

The U.S. Court of Appeals for the 10th District in Denver ruled 2-1 on Friday to dismiss the class-action lawsuit filed in January 2020 by New Mexico ranchers Robin Thornton and Michael Lucero.

The original lawsuit named Tyson Foods, Cargill Meat Solutions, JBS USA and National Beef Packing Co., with plaintiffs claiming the companies mislead consumers by labeling beef as “Product of the U.S.A.” when the cattle may have been born and raised in another country.

At issue are USDA rules that allow the “Product of the U.S.A.” label to be used when the meat is further processed by U.S. companies. The lawsuit had been dismissed last year, and the appellate court affirmed the dismissal of the lower court by ruling that the plaintiff’s arguments was preempted by federal law.

“Allowing plaintiffs to impose (a different label standard) would impose a requirement different from what USDA’s Food Safety and Inspection Service (FSIS) has already approved as consistent with the Federal Meat Inspection Act,” U.S. Circuit Judge Nancy Moritz said in the 21-page opinion.

In a dissenting opinion, Senior U.S. Circuit Court Judge Carlos Lucero, said the label is misleading when it is used on products from animals raised outside the U.S. Lucero also said he believes the labels violate USDA’s regulation that bar meat from giving “any false indication of origin.”