A lawsuit alleging illegal spending of Pork Checkoff money is moving forward, following a federal appeals court decision.
Iowa hog farmer Harvey Dillenburg along with the Humane Society of the United States and Iowa Citizens for Community Improvement, an environmental group, sued U.S. Secretary of Agriculture Tom Vilsack over what they say is inappropriate use of checkoff dollars. The way the pork checkoff program is set up, ultimate responsibility rests with USDA, says HSUS attorney Matthew Penzer. That's to ensure that money pork producers are obligated to contribute—right now it's 40 cents per $100—doesn’t get used for partisan issues.
"They gave the secretary the strict responsibility to ensure this money is just used for generic promotion," Penzer said. That promotional work is conducted by the National Pork Board. Lobbying on behalf of the pork industry falls to the National Pork Producers Council. But the lawsuit alleges that the Pork Board has been paying the Producers Council $3 million per year to license use of the trademarked, though now mothballed, slogan "Pork: the Other White Meat." After a lower court rejected the case, Penzer said the appeals court decision acknowledges the suit's claims are plausible. "This money has been misused and that the misuse of this money is detrimental to Mr. Dillenburg and all producers," Penzer said. "And we’ve also alleged that it’s being used for improper purposes that is harmful to animals and to the environment." Penzer said the burden will be on USDA and the Pork Board to explain:
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