Court Allows 41-State 303 THF Class Action to Proceed
August 10, 2020
White, Graham, Buckley & Carr LLC partner Bryan White, along with co-counsel Tom Bender and Dirk Hubbard of Horn, Aylward & Bandy, LLC and Clayton Jones of the Clayton Jones Law Firm, successfully defeated the defendants’ motion to dismiss a multistate class action on behalf of consumers who purchased so-called 303 tractor hydraulic fluid (THF).
The case, Graves et al v. CAM2 International LLC et al, includes class claims for individuals and entities in 41 states who purchased 303 THF products manufactured by Smitty’s Supply, Inc. The lawsuit can now proceed in the U.S. District Court for the Western District of Missouri as part of the In Re: Smitty’s/Cam2 303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation.
The class-action cases were originally filed in several states against defendants Smitty’s Supply Inc., CAM2 International, and Tractor Supply Company, asserting various claims for relief on behalf of consumers in those states.
Investigations revealed the defendants had misleadingly labeled Smitty’s SuperTrac 303, Smitty’s Super S 303, CAM2 PROMAX 303 and CAM2 303 and that the THF exposed purchasers’ equipment to increased wear and damage when the product was purchased and used in tractors and other hydraulic equipment.
The plaintiffs allege the THF was mislabeled as to the benefits the fluid provided and mislabeled as “303” THF, an obsolete designation discontinued in the 1970s after the use of sperm whale oil – a main ingredient in the original 303 formulation – was outlawed. Despite the fact the 303 designation is obsolete and that there is no known 303 specification against which the defendants’ fluid could be measured, the defendants sold tractor hydraulic fluid as “303 THF” in retail stores throughout the United States.
Learn more about the firm’s work with 303 Tractor Hydraulic Fluid Class Actions.