Call Us Toll-Free: 1.877.767.3108

Posted in Torts Blog, Consumer & Class Action Blog, General Blog

Class Action Targets Aurora Organic Dairy – Alleges Consumer Fraud

October 18th, 2007 by John Campbell

Simon Passanante has taken the lead in a lawsuit against Aurora Organic Dairy.  On October 5, 2007, Simon Passanante, on behalf of two clients, filed a class action lawsuit seeking certification of a nationwide class of consumers who purchased milk that was produced by Aurora.  It is the first such lawsuit in the country.  The case was filed in federal court in the Eastern District of Missouri and has been assigned to the Honorable Judge Shaw.  Simon Passanante seeks a refund of the money consumers paid under theories of unjust enrichment, consumer fraud, and negligence and also asks the court to enjoin any ongoing fraudulent activity by Aurora. 

The complaint alleges that Aurora Organic Dairy markets “organic” milk to stores like Wal-Mart, Costco, Target, Safeway, Publix and Wild Oats.  The milk is labeled under the store’s independent label and is usually the cheapest organic milk in the store.  The complaint asserts that the milk is not “organic” at all because it fails to comply with the standards of the National Organic Program. 
 
It was the price of the milk, and the promise that it was “organic” that led two Simon Passanante clients, Leonie Lloyd and Kristine Mothershead, to purchase hundreds of gallons of the milk from Costco over the last two years.   Ms. Lloyd, like many others, was a frequent and purchaser or Aurora milk.  She estimates that in the last 2 years, she has purchased at least 150 gallons of Aurora produced milk.  Ms. Lloyd was confident that by buying organic, she was supporting farmers, protecting her two small children and her husband from unwanted chemicals, and promoting the humane treatment of dairy cattle.  Ms. Lloyd even washed out the containers of milk, shoved two together, and formed blocks for her kids.  She never knew she could be supporting a factory farm. 

Both clients firmly believed the milk they bought was “organic.”  However, based on information from a number of sources, including a “proposed revocation letter” issued by the USDA, this was not the case at all. (Click here to read the letter)  In its proposed revocation letter, the USDA cited 14 separate violations of organic standards by Aurora.  Many of the violations were severe.  For example, Aurora had 4,200 cows at its Platteville, Colorado dairy facility but it had only 200 acres.  The organic standards require “access to pasture,” yet there was evidence that Aurora was not providing such access.  Instead it was keeping the cows in feedlots and milking them three times a day.  Perhaps the clearest demonstration of how severe the violation was is that Aurora, after entering a consent agreement with the USDA, agreed to sell almost ¾ of its cows at the Platteville farm and began tearing down building to produce acreage for the cows.  In addition to problems with access to pasture,   the USDA found that Aurora was illegally transitioning cows from non-organic to organic production and bedding cattle on non-organic materials (which the cows would eat) in violation of the regulations governing organic dairy production.

Incredibly, based on research and the findings by the USDA, it appears it is possible that Aurora, whose only main product is  “organic” milk, has never produced  a drop of milk that met organic standards.  Aurora proudly boasts that all of its milk is processed in one plant in Colorado, yet there is growing evidence that this would mean that any potentially organic milk was mixed with tainted milk.  The company has projected that it will have sales totaling over $100 million this year (click here to read the article) but consumers are left wondering whether any of those sales are legitimate.

Aurora’s behavior is believed to have impacted others besides consumers and their families.  Aurora, according to a number of sources including the Cornucopia Institute (click here to read more about Cornucopia, the first group to blow the whistle on Aurora), drove down the price of organic milk by violating the rules and using a factory farm method of production.  The result was that many small organic farmers could not compete.  They either lost money, or exited the industry. 

Simon Passanante is committed to pursuing this case on behalf of a class of nationwide consumers.  It is our goal to make sure that our clients, and all those they represent, receive what they deserve: a fair deal and what they were promised.  If you have purchased store brand milk from any of the stores listed in this post, we would be glad to talk with you.  You can call us at 314-241-2929 or you can click here to email us now.  If you did not buy milk from Aurora, but you are still uncertain whether or not the organic milk you buy meets the standards that you expect, you can click here to view Cornucopia’s report card on organic brands of milk.

Share This