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Walmart-at-the-Crossroads-FINAL-06.04.15

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<strong>Walmart</strong>, including its subsidiaries such as Sam’s Club, is <strong>the</strong> largest customer of Dean Foods.<br />

Approxim<strong>at</strong>ely 19 percent of net sales for Dean Foods came from <strong>Walmart</strong> in 2013. In its<br />

2013 annual report, Dean Foods acknowledged, “Price concessions to large form<strong>at</strong> retailers<br />

have neg<strong>at</strong>ively impacted, and [can] continue to neg<strong>at</strong>ively impact, [sic] oper<strong>at</strong>ing margins and<br />

profitability.”<br />

274<br />

In fact, when <strong>Walmart</strong> transferred a significant portion of its business to o<strong>the</strong>r<br />

suppliers in <strong>the</strong> first half of 2013, Dean Foods experienced a 7 percent decline in fluid milk sales.<br />

275<br />

Ultim<strong>at</strong>ely, this price depression trickles down to farmers and makes <strong>the</strong>m less able to earn a stable<br />

living. This close rel<strong>at</strong>ionship between Dean Foods and <strong>Walmart</strong> indic<strong>at</strong>es th<strong>at</strong> if <strong>Walmart</strong> were to hold<br />

its supplier to labor and environmental standards, <strong>the</strong> dairy company would most likely comply.<br />

i. Labor<br />

Dean Foods is highly unionized in <strong>the</strong> U.S. with <strong>the</strong> Intern<strong>at</strong>ional Bro<strong>the</strong>rhood of Teamsters<br />

representing workers <strong>at</strong> many of its dairy processing facilities.<br />

Dean Foods, however, provides an example of this industry’s neg<strong>at</strong>ive impact on ano<strong>the</strong>r<br />

segment of food labor – dairy farmers. In 2009, a group of dairy farmers filed a lawsuit against Dean<br />

Foods Company and Dairy Farmers of America (DFA), claiming th<strong>at</strong> <strong>the</strong>se two entities monopolized<br />

milk distribution in <strong>the</strong> Sou<strong>the</strong>ast and drove down <strong>the</strong> prices th<strong>at</strong> DFA’s own farmer-members receive<br />

for <strong>the</strong>ir products.<br />

276<br />

In <strong>the</strong> lawsuit, <strong>the</strong> farmers sought $1.2 billion in damages.<br />

277<br />

Dean Foods settled<br />

<strong>the</strong> lawsuit for $145 million in <strong>the</strong> summer of 2012, and DFA followed with a settlement of $158.6<br />

million in January 2013.<br />

278<br />

Dairy farmers in <strong>the</strong> nor<strong>the</strong>ast region of <strong>the</strong> United St<strong>at</strong>es also filed a<br />

lawsuit against Dean Foods and DFA in 2009. A settlement for this case has still not been reached.<br />

279<br />

Page !58

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