Missouri AG seeks to join class-action lawsuit against Tyson Foods

Missouri Attorney General Andrew Bailey filed a motion Tuesday, Feb. 18, to intervene in a class-action lawsuit against Tyson Foods.

If granted, Bailey’s involvement will allow him access to confidential documents currently being withheld by Tyson Foods and key depositions taken by the prosecuting attorneys. Bailey aims to join the suit through permissive intervention, which will require the court to approve.

The case, which is being processed in New Madrid County, began when four farmers under contract with Tyson sued after the closure of a chicken processing plant in Dexter. The case, first filed in December 2023, alleges that Tyson breached the farmers’ contracts, leaving them millions of dollars in debt.

The lawsuit also claims Tyson intentionally sold the plant to a noncompetitor, Cal-Maine Foods, in order to cut chicken supply and raise market prices.

An investigation by Watchdog Writers Group, in partnership with Investigate Midwest, revealed that Tyson closely coordinated with Cal-Maine Foods in the sale of the Dexter plant, including attempts to prevent farmers from seeking legal remedies over the broken contracts.

The case has caught the attention of Missouri politicians. Following the November 2023 plant closure, Bailey sent a letter to Tyson CEO Donnie King, where he stated that it is “paramount that you do everything in your power to either keep the facilities open or sell to any interested party, including a competitor.”

In July 2024, U.S. Sen. Josh Hawley sent a public letter to King, which claimed that the CEO deliberately misled him and others by assuring them that the company would sell to a noncompetitor. Three days later, Bailey announced on social platform X his intent to join as a party in the lawsuit.

Tyson has produced 1,325 documents during the lawsuit, of which all but three remain confidential. The plaintiffs’ attorneys, Brandon Boulware and Russell Oliver, have argued that Tyson is concealing evidence to break the law.

If allowed to join the case, Bailey’s status as attorney general could put pressure on Tyson.

“We are grateful for the support from the state of Missouri,” Boulware said. “Tyson Foods owes them answers, especially its farmers.”

This story originally appeared in the Columbia Missourian and was republished by Missouri Indepenent, a nonpartisan, not-for-profit news organization covering state government, politics and policy.