8/19/2019 10:05 AM 19CV36208 1 2 3 4 IN THE CIRCUIT COURT OF THE STATE OF OREGON 5 IN AND FOR THE COUNTY OF MULTNOMAH 6 7 8 SONJA BOHR, TAMARA BARNES, KAREN FOGLESONG, and MARY WOOD, on behalf of themselves and all others similarly situated, 11 12 13 COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiffs, 9 10 Case No. CLASS ACTION/UNLAWFUL TRADE PRACTICES ACT/RESTITUTION (INJUNCTIVE AND EQUITABLE RELIEF) v. mLAMOOK COUNTY CREAMERY ASSOCIATION, an Oregon cooperative corporation, Defendant. Claims not subject to mandatory arbitration Demand for Jury Trial Filing fee $1,111.00 pursuant to ORS 21.160(1)(e) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite 600 - Ponland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 Plaintiffs Sonja Bohr, Tamara Barnes, Karen Foglesong, and Mary Wood ("Plaintiffs") allege: 3 NATURE OF THE CASE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. This is a proposed class action on behalf of a statewide class seeking redress for Tillamook's deceptive practices. Tillamook causes likelihood of confusion or misunderstanding as to the source of the dairy products it sells. Tillamook causes likelihood of confusion or misunderstanding as to the affiliation, connection, or association with another of those products. Tillamook uses deceptive representations or designations of geographic origin in connection with its dairy products. Tillamook misrepresents the nature, source, characteristics, and production practices of its dairy products. And Tillamook fails to disclose known material defects or nonconformity of its products in violation of Oregon state consumer protection laws and common law. 2. Specifically, Tillamook has engaged in a deceptive marketing campaign to convince consumers that the dairy cows who provide milk for its products graze on pastures in Tillamook County. Tillamook represents to consumers that its products are sourced from small family farms whose traditional farming practices are better for the environment, the local community, and of course the cows than are the industrial dairy facilities that Tillamook derides as "Big Food." 3. Unfortunately for consumers, Tillamook is Big Food: Tillamook sources upwards of two thirds of the milk for its products from the largest and most industrialized dairy factory farm in the country- a Concentrated Animal Farming Operation ("CAFO") with over 70,000 total cows and 32,000 dairy cows confined in a single location. Located in 26 27 28 - 1COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street. Suite 600 - Ponland, Oregon 97205 Phone 503.228.64N I Fa" 503.228.2556 1 2 3 4 eastern Oregon, this complex of cement-floored production facilities and barren dirt feedlots, where cows are continuously confined, milked by robotic carousels, and afflicted with painful udder infections, is a far cry from the rolling green hills of the Tillamook County family farms shown throughout Tillamook's marketing campaign. 5 4. 6 7 8 9 10 11 12 Consumers increasingly seek out and are willing to pay more for products that they perceive as being locally and ethically sourced - better for the environment, more humane. Tillamook has projected such ethical sourcing as its company ethos, deliberately crafting its marketing messages to attract these consumers, who believe they are getting such responsibly sourced products when they buy Tillamook cheese and ice cream. As the company says, "Tillamook clleddar clleese is made witll fOllr ingredients, patience, and old-fasllioned fanner vailles ill Tillamook, Oregoll." 13 5. 14 15 16 17 18 19 20 21 22 23 24 25 Indeed, through its marketing, Tillamook is capitalizing on a sea change in consumer purchasing preference. More than three out of four consumers (77 percent) say that they are concerned about the welfare of animals used in food production,' and 80 percent of consumers report good living conditions for animals to be "very important" or "important" to them.' Two-thirds of consumers check to see if their food is locally produced-and 92 percent of consumers consider supporting local farmers "very important" or "important:') , Lake Research Partners, ASPCA Labeling Survey aune 2016), available at https://www.aspca.orgisites/default/files/publicmemo_aspcaJabelins-fi_rev1_0629716.pdf. See also C. Victor Spain et a!., Are TIley Buying It? United States Consumers' Cllanging Attitudes toward More Humanely Raised Meat, Eggs, and Dainj, 8 ANIMALS 128 (Aug. 2018), available at h ttps://www.ncbi.nlm.nih.gov/pmc/articles/pMC6116027/. 22014 Consumer Reports National Research Center, Food Labels Survey, available at http://www.panna.orgisites/default/files/ConsumerReportsFoodLabelingSurveyJune2014.pdf. ) [d. 26 27 28 - 2COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washmgton Street. Suite 600 • Pordand. Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 3 4 5 6 7 6. Consumers also seek out products made by small-scale farmers in order to support non-industrialized farming, to eschew products that contribute to corporate control of the food system, and support products that are environmentally sustainable.~ These strong consumer trends explain why Tillamook chooses to make representations about small-scale farms and outdoor-grazing cows so prominently throughout its marketing. 8 9 10 11 12 7. TiIlamook's marketing is highly effective at convincing consumers that its dairy products are sourced from smaller, pasture-based dairies in Tillamook County that prioritize animal welfare and environmental stewardship more than large, industrial dairies do. 13 14 15 16 17 18 19 20 21 8. According to a recent consumer survey of Pacific Northwest consumers, the majority of Tillamook dairy purchasers believe, from Tillamook's representations, that Tillamook sources milk from small-scale family farms and not large industrial dairy farms. The majority of Tillamook consumers likewise believe that the company's dairy farms are located in Tillamook County, Oregon, that Tillamook farmers treat cows more humanely than other dairies do, and that Tillamook's animal welfare standards exceed those of other dairy companies. 9. 22 23 24 25 , FAIR WORLD PROJECT, FAIRNESS FOR FARMERS (2018), nvnilnble nt https://fairworldproject.orglwp-content/uploads/2018/09/Fair_World_Project-Faimess-ForFarmers-Report. pdf. 26 27 28 - 3COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Swte 600 - Portland, Oregon 97205 Phone 503.228.647-1 I Fax 503.228.2556 1 2 3 4 Tillamook's deceptive marketing campaigns catering to conscientious dairy consumers have reaped major rewards. Tillamook's CEO says the company may soon surpass $1 billion in sales,s and has experienced 70 percent growth in revenue thanks in large part to its "Dairy Done Right" marketing campaign.6 5 10. 6 7 8 9 10 11 12 The year after Tillamook launched "Dairy Done Right," Tillamook launched its "Goodbye Big Food" campaign (see Illustration 9 below). Within 48 hours of the launch (touted by Adweek as a campaign that" cast[s] Tillamook products as wholesome, tasty 'real food' altematives to mass-produced fare"7), Tillamook social media mentions increased by 450 percent." Indeed, in a recent consumer survey of Pacific Northwest consumers, the overwhelming majority (93.7 percent) of respondents were familiar with the Tillamook brand, which was the most recognized dairy product brand (even over Kraft). 13 11. 14 15 16 17 18 19 20 21 22 23 24 25 Tillamook's advertising campaigns are designed to tell consumers that Tillamook is different from the "flawed industrialized food system" and to "provoke people to question the food they eat and the system behind it"' - despite the fact that Tillamook is Mary Ellen Shoup, Tillamook CEO Talks Dairy Innovatioll alld Ambitions of Reachillg $1B ill Sales, FOOD NAVIGATOR Oct. 22, 2018, https:llwww.foodnavigatorusa.coml Articie/2018/1 0/22fTillamook-CEO-talks-dairy-innova tion-and-ambi tions-of-reaching1bn-in-sales (last visited Aug. 12, 2019). 5 • The Challenger Project, Patrick Criteser interview, h ttps:llthechallengerproject.com/b logl2017/pa trick-cri teser-tillamook-in terview (last visited Aug. 12,2019). David Gianatasio, Tillamook Says a Fun, Violent Farewell to "Big Food" in Eye-Catching Ads by 72andSunny, Adweek Mar. 2, 2016, https:llwww.adweek.com/creativity/tillamook-says-funviolent-farewell-big-food-eye-catching-ads-72andsunny-169963I (last visited Aug. 12, 2019) (emphasis added). 7 "The Shorty Awards, Tillamook "Goodbye Big Food, Hello Real Food" Social Launch, https:llshortyawards.com/9th/tillamook-goodbye-big-food-hello-real-food-oscars-Iaunch (last visited Aug. 12,2019) , Id. 26 27 28 -4COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite 600 • Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 3 4 5 the embodiment of industrialized dairy. Ironically, the co-head of the advertising firm for Tillamook's "Goodbye Big Food" campaign publicly claimed that "How our food is made, and by whom, is no longer a niche topic but rather an escalating conversation in culture. Tillamook is ... offerillg all hOliest poillt o/view that invites people to independently make up their minds."tO 6 12. 7 8 9 10 11 12 13 14 15 Tillamook causes likelihood of confusion and misunderstanding as to the source of its dairy products by extensive advertising that the products are sourced from humane, pasture-based farms producing "real food." Tillamook's repeated representations about geographic origin and source masks Tillamook's true milk sourcing practices. Consumers who believe they are buying products from small, highwelfare, pasture-based dairies in Tillamook County are instead unwittingly purchasing cheese, butter, ice cream, and yogurt made from milk from the largest industrial dairy in the country - that confines tens of thousands of cows on concrete in the desert of eastern Oregon. 16 13. 17 18 19 20 21 Plaintiffs thus bring this action on behalf of themselves and similarly situated Oregon consumers, to hold Tillamook accountable for its uniform and pervasive claims falsely representing the company's products as coming exclusively from small-scale, pasture-based farms in Tillamook County that provide individualized care for cows, when this could not be further from the truth. 22 JURISDICTION AND VENUE 23 14. 24 25 to fd. (emphasis added). 26 27 28 - 5COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite 600 • Portland, Oregon 97205 Phone 503,228.6474 I Fa.x 503.228.2556 1 2 3 4 Jurisdiction and venue are proper in Oregon, Multnomah County because Tillamook engages in regular and sustained business in Oregon and in Multnomah County. Tillamook maintains a registered agent for service of process in Oregon. And one or more of the Plaintiffs bought Tillamook products in Multnomah County. 5 THE PARTIES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 15. Plaintiff Sonja Bohr is a resident of Multnomah County, Oregon. During the past year (the "Class Period" as defined below), she purchased Tillamook dairy products including cheese, yogurt, sour cream, and butter- in Oregon from one or more retailers, including Fred Meyer on Hawthorne Boulevard in Portland, for personal, family, or household purposes. Ms. Bohr saw the name "Tillamook" and Tillamook's marketing representations and believed that Tillamook products were aU made from milk sourced from traditional pasture-based farms in Tillamook County, Oregon- and not from largescale "factory farms." Ms. Bohr has seen similar representations made by Tillamook relating to its dairy products in online, print, or television advertising. 16. Ms. Bohr regularly seeks out, and is willing to pay more for, dairy products that she perceives as being more humane and coming from small, pasture-based dairies. Because she thought Tillamook was the gold standard in her area, she has been a loyal Tillamook consumer. Ms. Bohr purchased Tillamook products because, having seen the Tillamook representations, she thought she was purchasing a product that aligned with her values. If she had known the truth-that the vast majority of the milk sourced for Tillamook products comes from a massive factory farm in Eastern Oregon where cows are never allowed to graze on grass-she would have bought other dairy products instead of Tillamook's, or would not have paid as much as she did for the Tillamook 26 27 28 - 6COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washingron Srreer, Swrc 600 - Pordand, Oregon 97205 Phone 503.228.M74 I Fax 503.228.2556 1 2 products. Because of Tillamook's false representations, Ms. Bohr paid a premium, organic- and/or artisan-dairy price for an industrially produced, factory-farmed product. 3 4 5 6 7 8 9 10 11 17. Plaintiff Tamara Barnes is a resident of Lane County, Oregon. During the Class Period, she purchased Tillamook dairy products-including cheese and ice cream - in Oregon from one or more retailers, including WinCo and Walmart, for personal, family, or household purposes. Ms. Barnes saw the name "Tillamook" and Tillamook's marketing representations and believed that Tillamook products were all made from milk sourced from small-scale family farms in Tillamook County, Oregon. Ms. Barnes has seen similar representations made by Tillamook relating to its dairy products in online, print, or television advertising. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18. Ms. Barnes regularly seeks out, and is willing to pay more for, dairy products that she perceives as being more humane and corning from small, pasture-based dairies. For example, in addition to Tillamook products, Ms. Barnes has sought out and purchased Umpqua Dairy and Rogue Creamery dairy products. She particularly avoids Kraft and other large dairy brands specifically because of her concerns about factory farming and the abuse that those cows suffer. Ms. Barnes purchased Tillamook products because, having seen the Tillamook representations, she thought she was purchasing a product that aligned with her values. If she had known the truth-that the vast majority of the milk sourced for Tillamook products comes from a massive factory farm in Eastern Oregon where cows are never allowed to graze on grass-she would have bought other dairy products instead of Tillamook's, or would not have paid as much as she did for the Tillamook products. 19. 26 27 28 -7COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washingron Street, Suite 600 . Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 3 4 5 6 7 8 Plaintiff Karen Foglesong is a resident of Baker County, Oregon. During the Class Period, she purchased Tillamook dairy products-including cheese and ice cream-in Oregon from one or more retailers, including Albertson's and Safeway, for personal, family, or household purposes. Ms. Foglesong saw the name "Tillamook" and Tillamook's marketing representations and believed that Tillamook practices were those of small-scale family farms and not large industrial dairy farms. Ms. Foglesong has seen similar representations made by Tillamook relating to its dairy products in online, print, or television advertising. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20. Ms. Foglesong regularly seeks out, and is willing to pay more for, dairy products that she perceives as being more humane and coming from small, pasture-based dairies. For example, in addition to Tillamook products, Ms. Foglesong has sought out and purchased Organic Valley dairy products and other local dairy products at her local farmer's market. Ms. Foglesong purchased Tillamook products because, having seen the Tillamook representations, she thought she was purchasing a product that aligned with her values. If she had known the truth - that the vast majority of the milk sourced for Tillamook products comes from a massive factory farm in Eastern Oregon where cows are never allowed to graze on grass - she would have bought other dairy products instead of Tillamook's, or would not have paid as much as she did for the Tillamook products. 21. Plaintiff Mary Wood is a resident of Curry County, Oregon. During the Class Period, she purchased Tillamook dairy products- including cheese and butter- in Oregon from one or more retailers, including Fred Meyer, for personal, family, or household purposes. Ms. Wood saw the name "Tillamook" and Tillamook's marketing 26 27 28 - 8COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugennan I Attorney, PC 707 SW Washington Street, Smt. 600 • Portland, Oregon 97205 Phone 503.228.6474 I Fa., 503.228.2556 1 2 3 4 representations and believed that Tillamook practices were those of small-scale family farms and not large industrial dairy farms. Ms. Wood has seen similar representations made by Tillamook relating to its dairy products in online, print, or television advertising. 5 22. 6 7 8 9 10 11 12 13 14 15 16 Ms. Wood regularly seeks out, and is willing to pay more for, dairy products that she perceives as being more humane and coming from small, pasture-based dairies. For example, in addition to Tillamook products, Ms. Wood has sought out and purchased Cowgirl Creamery organic cheese products from Market of Choice as well as Rumiano Cheese products direct from the creamery in Northern California. Ms. Wood purchased Tillamook products because, having seen the Tillamook representations, she thought she was purchasing a product that aligned with her values. If she had known the truth - that the vast majority of the milk sourced for Tillamook products comes from a massive factory farm in Eastern Oregon where cows are never allowed to graze on grass - she would have bought other dairy products instead of Tillamook's, or would not have paid as much as she did for the Tillamook products. 17 23. 18 19 20 Defendant Tillamook County Creamery Association is an Oregon cooperative corporation that does business in Oregon and across the United States. In 2017, Tillamook's revenue attributable to its dairy products was $800 million.1t 21 22 23 24 25 Mary Ellen Shoup, TilInmook CEO Tnlks Dniry Innovntiotl nnd Ambitions of Reachillg $lB ill Sales, 22, 2018, https:/Iwww.foodnavigatorusa.com/ArticJe/2018/l0/22(fiIlamook-CEO-talks-dairy-innovation-and-ambitions-of-reaching1bn-in-sales (last visited Aug. 12, 2019). II FOOD NAVIGATOR Oct. 26 27 28 - 9COMPLAINT AND DEMAND FOR JURY mIAL David F. Sugennan I Attorney, PC 707 SW Washington Street, Suite 600 • Portland, Oregon 97205 Phone 503.218.6474 IF.., 503.218.2556 1 GENERAL ALLEGATIONS 2 24. 3 4 5 6 7 8 Throughout the Class Period, Tillamook engaged-and continues to engage - in widespread marketing efforts that cause likelihood of confusion regarding the source of its dairy products and their affiliation, connection, or association with another. These efforts include deceptive representations of geographic origin in connection with Tillamook dairy products. Tillamook also fails to disclose to consumers that its products are made with milk from an industrial mega-dairy in Eastern Oregon. 9 25. 10 11 12 13 14 15 Tillamook's marketing uniformly depicts cows on pasture, farmer and family involvement being integral to cow care (including children helping in cow care), and small-scale farms, complete with idyllic red barns. See Illustrations 1 - 4 below. Tillamook's messages constitute concrete and uniform representations about the geographic location of Tillamook farms, Tillamook's production practices, and its animal welfare practices. 16 Illustration 1 Facebook landing page for Tillamook 17 18 19 20 21 Tillamook 0 22 23 24 ~Tillamook H.... """". .., UII, oS'\ Follow ... SI'WtI '3 Send MesS01gC •.• 25 26 27 28 -10COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugennan I Attorney, PC 707 SW Washington Street, Swte 600 - Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 Illustration 2 Tillamook Instagram post 3 CD 4 titlamook O . cf..>. 5 tillamook 0 'Nhat does summer m Tillamook lock hke' Barn cleaning. 6 state fairs and cheeseburger grilling, accordillQ to Coltan Seals, a 7th 7 grader from one of our (o-Op famil~ When he s not plaYIng ba,eball or helping: hiS mom and d&d around the farm he's spending hts o 8 9 time teaching hiS cows to lead on a halter before showing: them at thl! Tillamook Counly and Ort'gOf1 State Fair Bnng home the blue ribbon, Co tan 10 liliaknight Aww, beautilul La,,!! cows with their hum.)n kids. 11 0 12 13 14 Illustration 3 Tillamook Instagram post 15 Cit 16 17 lil"moo~ CI • A tillamook 0 Pool poIl'trt'S I~ d If"~ t InT~ I.fTWOk Soj' lh ei(f:c~' m ' 18 made wltll elVa cru m and !'toll Oregon h.llt lnutl 19 20 21 husb.lnchth.1t(OCIk w'e tnr Vldeol OO 22 23 OOI!J 24 25 26 27 28 -11COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 S\'(' Washington Street, Suite 600 - Portland, Oregon 97205 Phone S03 .228.647 ~ I Fax 503.228.2556 1 2 Illustration 4 Tillamook Instagram post 3 CD • tillamook 4 li,l.Imoot.: 5 6 CD 7 8 w~ belJC"{1l' evrry Il' dnll'i"'Ill's rul d.llry StJ M rt on. mlUlOn 10 Introduce out~ vel to the rell of thl! country And since you Iolin Ot.It "''e1t know u-. best. we d ~ke to oHk lor your help 1Pftld.ng the word AI )Ouhor,e to do \ uute iI dlg'lolI pOlle-ald that Il'lptOllns what you love about Tillamook and you could Win iI yeilr supply of cheese lm" .n bia IOl' more de~d ::r.lm Ie 9 10 11 QQL!J 661 likes 12 13 14 26. 15 16 Tillamook's Facebook page describes the company as follows: 20 Over a hundred years ago, several small creameries teamed up to form the Tillamook County Creamery Association (TCCA) to ensure the quality and reputation of cheese made in the Tillamook Valley. Today we're made up of approximately 90 dairy farm families who own TCCA and are wholeheartedly dedicated to taking care of all dairy products that carries [sic.] the Tillamook name. (emphasis added) 21 27. 17 18 19 22 Tillamook's marketing messages cause likelihood of confusion or 23 misunderstanding of the source of its products. Tillamook deceptively claims its dairy 24 products are (1) sourced (exclusively) from dairy farms located in Tillamook County, (2) 25 made using production practices that closely resemble small-scale traditional farming, 26 27 28 -12COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Swte 600 - Portland, Oregon 97205 Phone 503 . 228 . 6~7 ~ I Fa., 503.228.2556 1 2 3 and (3) from cows allowed to graze on pasture and treated better than those on factory farms. Tillamook makes these deceptive representations on its website, in print and television advertisements, and across social media platforms. 4 Geographic origin claims. 5 6 "There are only a few places in the world where the character of the land is mseparable from the character of its people."12 28. 7 8 9 Crucial to Tillamook's marketing are the representations that its products are made in Tillamook County, Oregon - from cows raised in the verdant hills and valleys 10 of the Oregon coast. These claims are false. They cause likelihood of confusion or of 11 misunderstanding in violation of ORS 646.608(1)(b) and (1)(c). They are deceptive 12 representations of geographic origin in violation of ORS 646.608(I)(d). 29. 13 14 Tillamook is a small community. Tillamook County ranges from the Pacific Ocean 15 to about 50 miles inland to the east. The county has a year-round mild, temperate 16 climate and abundant rain. 17 18 30. Dairy farming is the largest agriculture occupation in TiJlamook County. The 19 dairy farms located in TiJlamook are predominantly small-scale operations that more 20 closely reflect traditional farming practices than today' s industrialized factory farms. 21 Driving by these dairies, you can see dairy cows grazing on pastures of rolling green 22 hills. This is exactly the imagery that Tillamook capitalizes on throughout its marketing 23 campaign. See Illustrations 5 and 6 below. 24 25 12 A Portrait of Dairy: A Photo Essay, published by Tillamook on Slate.com, http://www.slate.com/artides/health_and_science/tillamook/2015/08/a_portrait_oC dairy_a_phot o_essay_oUhe_tillamook_co_op.htrnl (last visited Aug. 12, 2019). 26 27 28 -13COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 S\'\' Washington Street, Smt. 600 • Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 Illustration 5 Tillamook website - On The Farm 3600 Experience 3 4 5 6 7 8 9 10 11 12 13 Illustration 6 Tillamook website landing page 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -14COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugennan I Attorney, PC 707 SW Washington Street, Suite GOO • Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 3 4 31. Tillamook repeatedly and prominently represents to consumers that its products are "made with . .. old-fashiolled fanller vailles ill Tillamook, Oregoll" by "families [that] have been farming in Tillamook County for multiple generations." 5 6 7 8 9 10 11 12 13 14 15 16 32. Other geographic origin claims include: "We're from a real place on the Oregon coast," "our gold [i.e., cheese] comes from ... the deep green grass ... and pouring rain of the Tillamook Valley," "We're committed to sustaining the farming way of life in Tillamook County," and near-constant references to "Tillamook farmers" (conflating the company and the location). 33. The name of the company itself-Tillamook County Creamery Associationgives the clear impression that the company and its products are from Tillamook County, Oregon. In case there was any room for confusion: Illustration 7 Tillamook website 17 18 19 20 21 22 23 24 25 26 27 28 - 1:>- COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite 600 - Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 3 4 5 6 7 8 9 34. In fact, when shown Illustration 7 above, large majorities of respondents to a consumer survey on Tillamook's advertisements understood it to mean that Tillamook's dairy farms are located in Tillamook County, Oregon. Similarly, when exposed to the marketing claim, "'Tillamook cheddar cheese is made with four ingredients, patience, and old-fashioned farmer values in Tillamook, Oregon," a significant majority of respondents took away that Tillamook's dairy farms are located in Tillamook, Oregon. This is exactly the purpose and goal of Tillamook's marketing campaign. 10 11 12 13 14 35. Consumers prefer local dairies for a number of reasons, including perceived health or quality of the final product, reduced environmental impact, benefits to the local community's economy, and seeing firsthand the production practices of the companies involved . 15 16 17 18 19 20 36. Knowing this, Tillamook makes these deceptive claims throughout the marketing campaign for all of its products. Deceptive representations about the geographic origin appear throughout Tillamook's website, product packaging, print and television advertisements, and on internet advertising and social media platforms (in which Tillamook participates actively). 21 22 23 24 25 37. In contrast to Tillamook's explicit claims, a large majority of the milk that Tillamook uses in its products is actually sourced from its massive factory farms in Boardman, Oregon. 38. 26 27 28 -16COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite 600 - Portland, Oregon 97205 Phone 503.228.M74 I Fa., 503.228.2556 1 2 3 4 5 Boardman is located on the opposite side of the state as Tillamook County. Instead of Tillamook County's mild and wet climate filled with verdant pasture, Boardman is a hot, dry climate classified as steppe or semi-arid. Boardman is flat, arid, and often swelteringly hot-nothing like Tillamook County. And the mega-dairy in Boardman is so large that it is visible from space. 6 39. 7 8 9 Tillamook's claims are pervasive. And they convey information not only about geographic origin, but also about the production methods and animal welfare practices used to make Tillamook products. 10 Production practices claims. 11 "Tradition Is Important As Hell ... members are imf,assioned about passing on the dairy farming tradition '\1 12 40. 13 Throughout its marketing campaign, Tillamook uses only imagery from small, 14 15 idyllic farms in Tillamook County. Tillamook makes deceptive representations about its 16 production practices claims on its website, in print and television advertisements, and 17 across social media platforms. 41. 18 19 Examples of Tillamook's production claims include: "each member of the family 20 is involved in life on the farm, including the kids, who often help with daily chores like 21 feeding the calves," "farmer values," "we are independent farmer-owners, which means 22 our values guide us instead of profit margins." 42. 23 24 25 Tillamook website, https:/Iwww.tillamook.com/our-story/tillamook-co-op.html (last visited Aug. 12, 2019). 13 26 27 28 -17COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugennan I Attorney, PC 707 SW Washington Street, Suite 600 - Portland, Oregon 97205 Phone 503.228.6474 I Fa.x 503.228.2556 1 2 3 4 5 Throughout its marketing campaign, Tillamook pervasively shows cows in openair barns or on fresh, green pasture. They are shown being given personalized attention by the owners of these small farms and their families. Much of Tillamook's marketing content involves the young children of dairy families giving Tillamook cows care and affection. See Illustrations 8 and 12 below and Illustration 2 above. 6 7 Illustration 8 Tillamook website, "On The Farm" 8 9 10 11 12 13 14 15 16 17 43. 18 19 20 21 22 23 24 By highlighting local families' and farmers' attention to the process of tending for cows and producing milk, Tillamook perpetuates the idea that Tillamook producers are not "factory farms" where cows are treated like just one of tens of thousands of units to be milked, but rather small-production farms that respect their animals and traditional farming practices. 44. 25 26 27 28 -18COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 07 SW Washington Street, Suite 600 • Portland, Oregon 97205 Phone 503.228.6-174 I Fax 503.228.2556 1 2 3 On its website, Tillamook shows cows being milked and attended to individually by caretakers who take their time cleaning and prepping their udders and even petting and talking to them. 14 4 45. 5 6 7 8 9 In this, and many other ways, Tillamook actively seeks to differentiate itself from "factory farms" and industrialized food. In fact, Tillamook devoted an entire marketing campaign that encouraged consumers to "Say Goodbye to Big Food" and to purchase Tillamook products because they are "real food" and "Dairy Done Right." See Illustrations 9 and 10 below. 10 Illustration 9 11 Print advertisement, "Goodbye Big Food, Hello Real Food" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I' Tillamook website, https://www.tiJlamook.com/national/milking (last visited Aug. 12, 2019). 26 27 28 -19COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite 600 . Portland, Oregon 97205 Phone 503.228.6-174 I Fax 503.228.2556 1 2 Illustration 10 Print advertisement, "Farmers, Not Shareholders" 3 4 5 6 7 8 9 10 11 12 13 14 15 46. 16 17 In Tillamook's signature television advertisement1S saying goodbye to "Big 18 Food," the narrator states, "Enough quantity over quality. I'm done." The narrator says 19 hello to "Real Food," against a backdrop of farmers in misty Tillamook County, rising 20 early to tend to cows and do farm chores: 21 22 23 Hello farmers. Hello Co-Gpo Hello IntegrihJ [with image of little girl bottle1eeding calfl. Hello Molly [cow being petted} .. .Hello people who care about their food and how it's made. Hello evenJone. We found something real: Tillamook. 24 25 15 See Tillamook: Goodbye Big Food. Hello Real Food, https:l!www.youtube.com/watch?v- 7PIRO_C2uRo (last visited Aug. 12,2019). 26 27 28 - 20COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 S\'\' Waslunglon Street, Suite 600 - Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 The ad ends with the Tillamook logo, under the slogan, "Dairy done right." This ad was first aired during the 2016 Academy Awards, and went on to have 108 national airings that year. 47. Rather than the bucolic facilities and idyllic production practices showcased in Tillamook's marketing campaign, Tillamook sources the large majority of the milk for its products from one of the largest and most industrialized dairies in the world: Threemile Canyon Farms' 70,000-cow complex in Boardman. In fact, Tillamook's Boardman production facility is the largest dairy factory farm in the United States. 48. Tillamook's facilities at Threemile confine cows in large warehouses with tens of thousands of other animals. This is the polar opposite of what consumers expect when they see red barns, family cow care, and outdoor-grazing cows throughout Tillamook's marketing. In fact, Tillamook's Threemile facilities in no way resemble the small-scale family farms prominently showcased in Tillamook's marketing. 16 17 18 19 20 21 22 23 24 25 26 27 28 - 21COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugennan I Attorney, PC 707 SW \\!aslungton Street, Suite 600 • Portland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 Illustration 11 Threemile Canyon Farms, home to 70,000 cows 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 49. Threemile has so many dairy cows that it has to use a computerized database to 22 keep track of its cows, and boasts of "round-the-clock" milking. Instead of grazing on 23 green grass in pastures, the cows confined at Threemile are fed com, alfalfa, and other 24 feed crops.16 Threemile milks 25,000 cows daily - "all done without a single person 25 16 Threemile Canyon Farms website, Dairy Partnerships, https:/Iwww.threemilecanyonfarms.com/partnerships/dairy (last visited Aug. 12, 2019). 26 27 28 - 22COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street, Suite 600 • Portland, Oregon 97205 Phone 503.228.6-174 I Fax 503.228.2556 1 2 ushering them into place," and robotic arms are "who" clean and stimulate each cow's udders." 3 4 5 6 7 8 9 10 11 50. Tillamook's marketing messages, such as the claim that Tillamook cheese is made with "old-fashioned farmer values," prompted in respondents to a consumer survey clear perceptions regarding the company's operations-i.e., similar to a family farm rather than an industrial operation. In fact, when shown Illustration 9 (Goodbye Big Food), a significant majority of respondents took away that Tillamook gets all its milk from small-scale family farms and not large industrial dairy farms. This ad, as well, prompted clear perceptions regarding the company's reliance on small-scale family farms rather than large industrial milk suppliers, and its superior animal treatment. 12 13 14 15 51. Similarly, survey respondents were presented with one of Tillamook's typical social media posts, an image of "three generations" of a Tillamook farm family, accompanied by the text, 16 17 18 19 20 21 22 23 24 25 Everything Tillamook farmers do is for the health, comfort and happiness of their cows. Chairman of the Board Shannon Lourenzo's barns are outfitted with waterbeds. Many of his neighbors' barns are decked out with backscratchers. Farmer Wendy Landolt, wife of Director Ryan Landolt, is renowned for singing countn} songs to the baby calves. Cows are the foundation of Tillamook's business. Importantly, they're also a part of our farmers' families. So there's 110 limit to the care our farmers will give, 24 hOllrs a day, 7 days a week. From this ad, respondents took away a strong impression that Tillamook gets all its milk from small-scale family farms and not large industrial dairy farms. Consumers 17 Erick Peterson, Dniry Strive to Keep Improving, CAPITAL PRESS (May 29, 2018), http://www.capitalpress.com/Oregon/20180529/dairy-stri ves-Io-keep-irnproving (last visi ted Aug. 12,2019). 26 27 28 - 23COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Washington Street. Suite 600 • Portland. Oregon 97205 Phone 503.228.6474 I F:L,503.228.2556 1 2 3 expressed a clear perception regarding the company's special treatment of and care for its animals, of cows grazing freely on pastures, on small-scale family farms which are the only source of the company's milk. 4 5 6 7 8 9 52. Like the consumers surveyed, Plaintiffs, who thought they were buying products sourced from such small family farms and pasture-grazing cows in Tillamook, Oregon, were shocked and dismayed to learn they were in fact patronizing the country's largest dairy factory farm, where tens of thousands of cows are confined on concrete or in barren feedlots. 10 11 12 13 14 53. Because Tillamook's pervasive production claims mislead consumers into believing that Tillamook products are sourced from small, local farms where cows graze on grass and are given individualized care, Tillamook's claims are deceptive, and are likely to mislead reasonable consumers like Plaintiffs. 15 Animal welfare claims. 16 17 18 19 "There's always a well-intentioned reason behind everything our farmers do, and it's always for the health and comfort of their animals." " 54. Prevalent throughout Tillamook's marketing are representations about the 20 superior treatment of its cows. Tillamook marketing broadly features cows afforded 21 outdoor access - often, cows contentedly grazing on verdant, wide-open pastures. At 22 Tillamook's creamery where the company markets directly to the public, one exhibit 23 tells consumers that " cows need places to rest and roam." Tillamook also represents, 24 25 '8 Tillamook website, Our Story, Calf-Care, https:!lwww.tillamookcom/our-story/calf-care.htrnl (last visited Jul. 29, 2019). 26 27 28 -24COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW \\'ashington Street, Swte 600 - Portland, Oregon 97205 Phone 503.228.6-174 I Fa.< 503.228.2556 1 2 3 through imagery and specific claims, that its cows are given personalized attention and care by the owners of these small farms and their families. See Illustration 8 above and Illustrations 12 and 13 below. 4 5 6 7 8 9 10 11 55. Examples of Tillamook's animal welfare claims include: "We treat our cows like family," "Our farmers know that happy, healthy cows make quality, wholesome milk," "The best dairy calls for the best cow care," "best practices in animal welfare," "living just yards from the bam, farmers are around 24/7/365 for their cows," and "even the cows are happy." Illustration 12 Tillamook photo essay published on Slate. com, A Portrait of Dairy" 12 13 14 15 16 17 18 19 20 21 22 23 24 25 56. Consumers reasonably expect that smaller family-run dairies provide individualized care to cows. By using only imagery from these small, Tillamook County farms, where cows are kept in open-air barns with clean hay bedding, or on fresh, green " A Portrait of Dairy: A Photo Essay, published by Tillamook on Slate.com, http://www.slate.com/articles!health_and_science/tillamook/2015/08/a_portrait_oCdairy_a_phot o_essay_oUhe_tillamook_co_op.htrnl (last visited Aug. 12,2019). 26 27 28 - 2SCOMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugerman I Attorney, PC 707 SW Wasrunglon Street, Suire 600 . Porrland, Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 1 2 3 4 pasture, Tillamook caused Plaintiffs and other reasonable consumers to believe that all the cows milked for Tillamook products are similarly treated. Illustration 13 Tillamook Instagram post 5 6 ........ ...TrIIry'lw_ ~,~-""-,.. ....... ......-.I.forfI"'_am ___ ·_bto .... _ _ lIy ......"... ClN " - - c;..opQOlWVWJ o.u ...... _111 ... _ _ ... ...-......., 7 8 _1I""r_Ce-Q:II III I1 ~ T_~ r/JI .. o~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 26COMPLAINT AND DEMAND FOR JURY mIAL David F. Sugerman I Attorney, PC 707 SW Washington Street. Swte 600 • Portland. Oregon 97205 Phone 503.228.6474 I Fax 503.228.2556 t!)- 1 Illustration 14 Tillamook website, Our Story:!O 2 3 4 5 6 7 8 9 10 11 Gotta Love The Cows 12 Evurything TillAmook Carmers do I. for thu health, comfort 13 nud h"pplflclU4 of theIr ,"'Ow". GlmlrnlUu of the Hoard Shannon 14 neighbors' bnm. Are deck(!(i out with hackacrnt.cherll. Fnrmer 15 (or alnglllg QOunlr"y songs 10 UJo bliliy cn.iVCII. Lourcnzo'll btlruS Rro outntt.erl with wn&crlJed8. Mllny or hl8 Wltndy l.;l.udlllt, wife DC OIC"'t!C.lt..u" Hyan (AlllluU, lA nlUowued CuWK nro thu fuundatlon of 1'II1nmuok'/I hll"hICM. hllporwlIUy. 16 lhoy'ro IUJIO n pnrt of our CnruUlm' ("011111$. SII thoro'lt 110 limit to the care our Cnrmers will give. 24 hOUT./\ dny. 7 dny. a 17 week. 18 19 20 21 22 23 24 25 20 Tillamook website, Our Story, https://www.tillamook.com/our-story/tillamook-co-op.htmI 26 27 28 - 27COMPLAINT AND DEMAND FOR JURY TRIAL David F. Sugennan I Attorney, PC 707 SW Washington Street, Suite 600 - Portland, Oregon 97205 Phone 503 . 228 . 6~7~ I Fax 503.228.2556 1 2 Illustration 15 Tillamook Instagram post 3 o 4 5 o 6 lilt.amook o· allQY till.lmook .,. Caring for the cOWl"nd the boo IS all in a diy's work for,) dairy fanner. Support the future of '.rmen by wiking up euly JOin l~ .4.1m Club on 11.28. 71w 7 wWllK lpirwnoml6 Alle~ lIP.t Jam, Mllm"b 10 feed, and 8 9 01 Farmer's. though. My 'Uperpovtt'f is being iI nurse lhac IS my calling. 'Hereslotheflrm~r .nunt-Me ' scrvethetommumty ~l~l.1mook @l hJkecryJn 10 1 1w '&.