Mexican avocado association files lawsuit against California Avocado Commission
Mexican avocado association files lawsuit against California Avocado Commission
The Association of Avocado Growers, Packers & Exporters of Michoacan, based in Uruapan, Mexico, and commonly referred to by its Spanish acronym APEAM, announced in a written statement Feb. 28 that it had "filed a lawsuit in Federal Court against the California Avocado Commission requesting money damages to compensate for the severe damage to the marketing of Mexican avocados in California caused by the CAC during 2007."
The lawsuit "cites five counts, including trade libel, disparagement, interference with contractual relations and negligence," according to the written statement.
"Less than two months after Mexico began shipping avocados into California [in early 2007], CAC caused significant disruption to the market and severely damaged the ability of Mexican growers and packers to market their fruit. CAC adopted 'a three-prong attack' to exclude Mexican avocados from the California market including spreading falsehoods and disparaging Mexican avocados in ways that significantly reduced sales," according to the statement. "While ultimately backing down from their lawsuit against the United States Department of Agriculture challenging industry protocols that are adhered to worldwide, by then the damage was done."
The statement quotes APEAM's U.S. representative, Emiliano Escobedo, as saying, "Over the last several months, APEAM has developed compromise proposals to settle this matter out of court, and CAC chose not to settle."
Speaking for the California Avocado Commission, Tom Bellamore, the commission's senior vice president and corporate counsel, told The Produce News March 5, APEAM's complaint and the allegations in that complaint mirror those that were in the counterclaims [to CAC's lawsuit against USDA] that were filed last year, and it is the commission's view that those allegations lacked merit then and continue to do so now."
The U.S. Department of Agriculture allowed California avocados access to the California market beginning Feb. 1, 2007, for the first time in nearly 90 years, but the California Department of Food & Agriculture's list of excludable pests differed in certain respects from the USDA list. As reported previously in The Produce News, according to CDFA there were some finds in Mexican avocado shipments of certain armored scale insects that CDFA considered excludible pests and the USDA did not. CAC had asked that the USDA reconsider its position on the scale pest and sought an injunction (which was not granted) against further Mexican avocado shipments into California pending an updated risk assessment. CAC also urged CDFA to stand its ground. However, CDFA eventually reversed its position and agreed to go along with the USDA assessment.
On Jan. 11, APEAM filed a separate lawsuit against CDFA, claiming that CDFA had impeded the marketing of Mexican avocados in California.
The lawsuit "cites five counts, including trade libel, disparagement, interference with contractual relations and negligence," according to the written statement.
"Less than two months after Mexico began shipping avocados into California [in early 2007], CAC caused significant disruption to the market and severely damaged the ability of Mexican growers and packers to market their fruit. CAC adopted 'a three-prong attack' to exclude Mexican avocados from the California market including spreading falsehoods and disparaging Mexican avocados in ways that significantly reduced sales," according to the statement. "While ultimately backing down from their lawsuit against the United States Department of Agriculture challenging industry protocols that are adhered to worldwide, by then the damage was done."
The statement quotes APEAM's U.S. representative, Emiliano Escobedo, as saying, "Over the last several months, APEAM has developed compromise proposals to settle this matter out of court, and CAC chose not to settle."
Speaking for the California Avocado Commission, Tom Bellamore, the commission's senior vice president and corporate counsel, told The Produce News March 5, APEAM's complaint and the allegations in that complaint mirror those that were in the counterclaims [to CAC's lawsuit against USDA] that were filed last year, and it is the commission's view that those allegations lacked merit then and continue to do so now."
The U.S. Department of Agriculture allowed California avocados access to the California market beginning Feb. 1, 2007, for the first time in nearly 90 years, but the California Department of Food & Agriculture's list of excludable pests differed in certain respects from the USDA list. As reported previously in The Produce News, according to CDFA there were some finds in Mexican avocado shipments of certain armored scale insects that CDFA considered excludible pests and the USDA did not. CAC had asked that the USDA reconsider its position on the scale pest and sought an injunction (which was not granted) against further Mexican avocado shipments into California pending an updated risk assessment. CAC also urged CDFA to stand its ground. However, CDFA eventually reversed its position and agreed to go along with the USDA assessment.
On Jan. 11, APEAM filed a separate lawsuit against CDFA, claiming that CDFA had impeded the marketing of Mexican avocados in California.
