The Environmental Working Group has filed a federal lawsuit against Tyson Foods Inc, which is the second-largest meat producer in the United States and the world. The lawsuit alleges that Tyson is capitalizing on consumer interest in low-carbon foods but has no intention of making the changes that would bring the company to “net-zero” emissions in 2050.

The lawsuit says that Tyson Foods has not made any effort to measure climate emissions. It states, “It has no adequate plan or any intention to substantially reduce, let alone eliminate its emissions, and any actions Tyson is currently taking are fundamentally inadequate to reach or even approach net zero on any timeframe. Tyson’s net zero by 2050 claims are thus deceptive.”

Tyson has a “Climate Smart Beef Program” which promises a 30% reduction in greenhouse emissions by 2030. The website for the program states, “We’re proud to join many other independent supply partners, scientific experts, and conservationists in working to reduce greenhouse gas emissions from pasture to production.”

The lawsuit states that Tyson is marketing a plan to reduce emissions, but they cannot possibly reach the goal that they are claiming with “Climate Smart Beef” at the scale in which they produce meat. The complaint also says Tyson has made contradictory statements. Tyson said its goal is to “expand on its science-based emissions reduction targets.” The company stated last year that the target is not “science-based,” according to the lawsuit brief. Tyson has claimed it will support “climate-smart” practices and hasn’t defined what that means, except for cover-cropping and reduced tilling.

The lawsuit states, “Tyson has pointed to a massive industrial feedlot as the source of some of its “climate-smart” beef, even though the facility is one of the country’s largest animal feeding operations—visible from space and capable of holding tens of thousands of cattle, which no reasonable consumer would view as climate-smart.”

The plaintiffs further allege that Tyson obfuscates the truth by marketing Brazen Beef as the product that comes from the climate-smart beef program. Brazen Beef is not available for sale anywhere, but the company still markets its climate smart beef which falsely gives consumers the impression that Tyson climate smart products are available for the public to purchase.

The plaintiffs say Tyson violated the Consumer Protection Procedures Act (CPPA). They ask for a declaration that Tyson has violated the CPPA and an “order enjoining Tyson’s conduct found to be in violation of the CPPA and requiring redress of consumer misunderstanding about the climate impact of its industrial beef production.”

Tyson has been scrutinized for being one of the largest meat producers in the country and the world, involving factory farms. The lawsuit alleges that Tyson is “greenwashing,” a term that indicates the company using concern about environmental issues as a marketing gimmick to sell more products. Tyson Foods has previously been accused of “humane washing.” One example is that they advertise chicken and eggs as “free-range,” but these chickens often stay confined within warehouses while being deprived of food and water. Many of these chickens have lesions and deformities.

The HighWire has reported on the science related to climate change and how that relates to farming. In April, Host Del Bigtree interviewed film producers Finian Makepeace and Ryland Engelhart about their film, which showcases the fundamental shift that regenerative agriculture can have on the soil. This process also works to sequester carbon, reversing the primary concern associated with meat agriculture.

The HighWire also spoke with Dustin Kittle, a rancher who blew the whistle on the Farm Credit Agency (FCA) scandal. Kittle explained that the FCA extorts money from the small farmers, which is meant to help and repackage the loans back to large companies, including Tyson. In this case, the government agency helps large corporate giants like Tyson to expand their operations at the expense of small farmers. The HighWire has reported about other government interventions that effectively have the same result.

This lawsuit adds another grievance to the list of people who are critical of Tyson Foods’ business practices. The USDA provided a $152 million climate grant to Tyson Foods in 2022 as part of a $2.8 billion total investment.

A Department of Labor (DOL) investigation declared in February 2023 that Tyson had employed at least seven children at two different plants. The DOL fined Tyson about $105,000 for the violations. As part of the investigation, the DOL also found two of Tyson’s competitors to violate employing children at their meat packing plants. JBS Foods had 53 children employed, while Cargill had 27.

At the Tyson Foods shareholder meeting in February 2024, a proposal to adopt policies to address child exploitation at meat packing plants meaningfully was voted down. The board members stated that the policies would be redundant because Tyson has already taken steps to make sure children aren’t part of the labor force.

In March, Tyson announced it was interested in hiring 42,000 asylum seekers to work for Tyson plants in the United States. The company later attempted to clarify that it is “opposed to illegal immigration” and that all of its 120,000 workers are legally authorized to work in the U.S.

An August report revealed that the Packers and Stockyard Division, a part of the USDA,  is “actively investigating” Tyson Foods. The company shut down nine meatpacking plants after “inducing various kinds of investments,” which stuck contract farmers with millions of dollars in debt. That debt caused bankruptcies, foreclosures, and the sale of land to pay off the debt.

Steven Middendorp

Steven Middendorp is an investigative journalist, musician, and teacher. He has been a freelance writer and journalist for over 20 years. More recently, he has focused on issues dealing with corruption and negligence in the judicial system. He is a homesteading hobby farmer who encourages people to grow their own food, eat locally, and care for the land that provides sustenance to the community.

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