Farmers who purchased herbicide will split $62.5 million


ADA, Minn. – Thousands of farmers nationwide who purchased the BASF herbicide POAST may be eligible for cash benefits from a $62.5 million fund established from the judgment of a class action lawsuit.
Charged two prices. The lawsuit claimed that BASF Corporation fraudulently marketed the same herbicide as different products – POAST and POAST Plus – at different prices in order to obtain inflated prices for POAST from “minor crop” farmers.
Minor crop farmers are growers of sugarbeets, sunflowers, potatoes, field beans, fruits and vegetables, and flowers.
Because of another lawsuit, this class action excludes North Dakota residents who purchased POAST in North Dakota.
If the distribution plan is approved by the court, the judgment will provide for a fund to be distributed to persons who submit valid claims.
Who’s eligible. A class member’s share of the fund will depend on the number of gallons of POAST purchased by the class member and the total number of valid claims filed.
To obtain money from the fund, class members must have purchased POAST between Jan. 1, 1992, and Dec. 31, 1996, and must file a valid claim form by May 16, 2007.
Proof of purchase is required to file a claim. Claim forms and information on acceptable proofs of purchase are available at the Web site or can be obtained by calling 1-800-678-9587.
June decision. On June 5, 2007, the court will hold a final approval hearing to consider whether to approve the proposed distribution plan and request for attorneys’ fees.

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