Tyson Foods, Inc.

On December 15, 2020, the New York City Comptroller, Scott M. Stringer, issued a letter to the U.S. Securities and Exchange Commission (“SEC”) calling for an investigation into Tyson’s failures to carry out its stated coronavirus protection policies.  The letter stated that Tyson’s steps “to protect employees were grudging and minimal, such as letting workers use bandanas or sleep masks.” The Company also “penaliz[ed] workers who take sick leave to avoid contact with any exposed workers” and, “as of December 3, 2020, Tyson ha[d] the highest number of COVID-19 cases of any company in the meatpacking industry [and] twice as many deaths as any other meatpacking company.” 

On this news, the Company’s stock price fell $1.78 per share, or 2.5%, to close at $68.25 per share on December 15, 2020, thereby damaging investors. 

The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company’s business, operations, and prospects. Specifically, Defendants failed to disclose to investors that: (1) Tyson knew, or should have known, that the highly contagious coronavirus was spreading throughout the globe; (2) Tyson did not in fact have sufficient safety protocols to protect its employees in its facilities; (3) as a result, Tyson employees contracted and spread the coronavirus within the facilities; (4) as a result of the foregoing, Tyson would face negative impact to its production, including complete shutdowns of certain facilities; (5) due to the failure to protect its employees, Tyson would suffer financial harm related to its lowered production; and (6) as a result, Defendants’ positive statements about the Company’s business, operations, and prospects were materially misleading and/or lacked a reasonable basis at all relevant times.