Source:  Tom Johnston, MEATINGPLACE.COM, 1/18/10

A federal judge on Friday approved a preliminary settlement of a class-action lawsuit contending Tyson Foods falsely advertised that the company's chickens are raised without antibiotics, according to a report by legal newswire Courthouse News Service.

Earlier in the week Tyson had agreed to pay as much as $50 to anyone who bought poultry products labeled antibiotics-free. Payments will be capped at $5 million and don't include $3 million in attorneys' fees, the report said.

Consumers, according to the report, will have three ways to collect per terms of the settlement: use saved receipts to claim a refund of the actual purchase price up to $50; without a receipt, submit a sworn statement describing the product they purchased and receive up to $10; receive a $5 coupon toward purchase of additional Tyson products if they bought Tyson chicken at least once between June 2007 and April 2009.

Parties to the class action seeking to be excluded from the settlement must do so in writing by April 19. A fairness hearing is scheduled for May 7, according to the report, to determine if final approval will be granted.

Tyson spokesman Gary Mickelson confirmed to Meatingplace that the court granted preliminary approval of the settlement.

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