Judge approves creation of $18.25M settlement fund in CITGO, Orscheln ‘303’ fluid settlement

A federal judge has approved an $18.25 million class action settlement against CITGO and Orscheln Farm and Home in a lawsuit alleging the manufacturer misleadingly labeled and deceptively marketed and sold 303 tractor hydraulic fluid. 

In a hearing on Oct. 13, U.S. District Judge Beth Phillips gave final approval to the settlement, in which CITGO and Orscheln agreed to pay $18.25 million to establish a settlement fund for those who purchased certain 303 tractor hydraulic fluid products manufactured by the companies.  

According to court records, the suit includes four different products sold in a variety of sizes: MileMaster 303 Tractor Hydraulic Fluid, H-K 303 Tractor Transmission Hydraulic Fluid, Premium 303 Tractor Hydraulic & Transmission Fluid and SuperTech 303 Tractor Hydraulic Oil. The products were sold at retailers including Farm & Fleet, Orscheln Farm and Home, and Walmart. 

The settlement fund will allow class members to claim reimbursements of up to 100 percent of the purchase price of the products as well as reimbursement for the costs of any repairs, parts and specific equipment damage that a class member claims resulted from the use of the product during the relevant class period. 

Bryan T. White, of White, Graham, Buckley & Carr in Independence, represented the plaintiffs. 

“This settlement fund provides farmers and other purchasers of this hydraulic fluid significant help during these difficult times,” he said. “We were very happy to be able to help hardworking farmers across the country. and we appreciate the work and help of CITGO and Orscheln in providing this recovery to the class.”

According to a court filing in support of the settlement, more than 30,000 class members are set to receive substantial monetary awards from the settlement. 

The suit began in Cass County Circuit Court with class representatives Shawn Hornbeck, Monte Burgess, Raymond Bieri and Dan Chevalier. 

In May 2018, they brought claims of violations of the Missouri Merchandising Practices Act, breach of warranty, fraudulent and negligent misrepresentations, negligence and unjust enrichment against CITGO and Orscheln on behalf of a class of individuals who bought certain types of 303 products in Missouri. 

The defendants removed the case to the U.S. District Court for the Western District of Missouri in 2019. 

In amended petitions, additional class representatives who had brought similar litigation in Kansas, Iowa and Illinois were added to the case. 

In total, there are 19 class representatives. Under the agreement, each will receive a $5,000 incentive award, for a total of $95,000. 

CITGO also agreed to pay $5.9 million in attorneys’ fees in addition to the class settlement fund, according to the filing in support of the settlement. 

Nathan Eimer of Eimer Stahl in Chicago represented CITGO and Orscheln. He did not respond to a message seeking comment. 

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