ST. JOSEPH, MO. – Pork processor Triumph Foods stated on July 26 that it filed a lawsuit in Massachusetts federal court to challenge the constitutionality of a Massachusetts state law regarding sow confinement requirements.

The Act to Prevent Cruelty to Farm Animals, also known as Question 3, was set to go into effect July 12 but was recently delayed until Aug. 23. Massachusetts voters first approved the initiative in 2016.

Other companies that joined the lawsuit included Christensen Farms Midwest LLC, The Hanor Co. of Wisconsin LLC, New Fashion Pork LLP, Eichelberger Farms Inc. and Allied Producers’ Cooperative, a group of smaller Midwest farmers.

The pork processor referenced the May ruling by the Supreme Court regarding California’s Proposition 12. In its complaint, Triumph stated that the ruling on Prop 12 against the National Pork Producers Council (NPPC) was a narrow set of claims and did not affirm the measure’s constitutionality.

“Discriminatory trade restrictions like Q3 and Prop 12 affect the ability to build resilient, reliable food supply chains across the United States,” said Matt England, president and chief executive officer of Triumph Foods. “They also hurt many small businesses, employees, consumers and government-funded agencies. Free and fair interstate commerce is vital for the economic prosperity of our country.”

Triumph pointed out that Solicitor General Elizabeth Prelogar sided with several agricultural trade groups in an amicus brief to the Supreme Court last year regarding Prop 12. 

The Solicitor General previously pointed out that the US Congress delegated food safety responsibilities to the US Department of Agriculture (USDA), which regulates pork supplies. 

In June, the state of California delayed compliance with Prop 12 until Dec. 31. 

Triumph also said it supports similar litigation filed by the Iowa Pork Producers Association (IPPA).