What Doesn't Kill You

Biden takes aim at Consolidation and Monopolies

·47 min·4 clips
A judge reversed a $1.28 billion verdict against Tyson, letting meatpackers exploit cattle producers with impunity.
The episode begins with host Katy Keiffer introducing guest Mike Calicrate, an independent cattle producer, entrepreneur, and activist who was a lead plaintiff in a class-action lawsuit against meatpacker IBP (now part of Tyson Foods). They discuss President Biden's executive order of July 8, 2021, which addresses consolidation across industries, including a specific section on agriculture. Keiffer reads a key excerpt charging the Secretary of Agriculture with considering new rules under the Packers and Stockyards Act to make it easier for farmers to bring claims. Calicrate explains that his 1996 lawsuit against IBP alleged discriminatory practices under this act, but a Reagan-appointed judge reversed a jury verdict awarding $1.28 billion in damages, setting a precedent requiring proof of industry-wide harm. He illustrates this with an analogy about purse theft and mentions a poultry grower, A.T. Terry, who lost a case against Tyson due to this rule. Calicrate criticizes the Obama administration's inaction on antitrust enforcement, noting Agriculture Secretary Tom Vilsack's previous role, but expresses hope due to appointments like Andy Green at USDA, Tim Wu in the White House, and Lina Khan at the FTC. The conversation shifts to labeling, where the executive order considers rules for 'Product of USA' labels. Calicrate clarifies that imported meat can be repackaged and labeled as U.S. product, which is deceptive, but country-of-origin labeling (COOL) requires Congressional action due to WTO disputes. He blames the National Cattlemen's Beef Association (NCBA) for lobbying against COOL. After a break, they discuss measures to enhance price discovery and transparency in livestock markets. Calicrate points to mandatory price reporting, which was undermined by confidentiality rules, and suggests Vilsack could revise these rules. He argues that breaking up the four major meatpackers is essential, proposing to turn their plants into public utilities and build small, regional slaughterhouses. Calicrate praises the executive order's scope but notes the word 'consider' reflects political constraints, emphasizing the need for Congressional support from senators like Jon Tester, Mike Lee, Cory Booker, and Amy Klobuchar. The episode concludes with Keiffer thanking Calicrate and encouraging listeners to stay tuned.

As heard by us

A focused food-policy conversation tests what can really be done about misleading meat labels.

A fight over meat labels becomes a clear, practical look at what Product of the USA is supposed to mean. Katie Kiefer presses Mike Calicrate, an independent cattle producer, business entrepreneur, and political activist, on the difference between stopping deceptive claims and…

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Want to hear a cattle producer turn a grocery-label dispute into a bigger question about who gets to define Product of the USA?

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