The U.S. Court of Appeals for the District of Columbia is reversing a previously dismissed lawsuit which alleges pork checkoff funds improperly benefit the lobbying efforts of the National Pork Producers Council (NPPC).

The lawsuit was filed in 2012 by an Iowa pork producer, the Humane Society of the United States, and the Iowa Citizen for Community Improvement.  The reversal allows the suit to be considered once again.

The allegations are that the National Pork Board purchased the slogan “Pork: The Other White Meat” from the National Pork Producers Council for greater than market value.  The cost of the trademarks were $60 million, payed for in checkoff funds, and paid out $3 million a year for 20 years.  The agreement stated the Pork Board could end their use of the slogan and stop payment with one year’s notice.

Five years after the purchase of the slogan the Pork Board switched to “Pork, Be Inspired,” but continued paying for “The Other White Meat” to maintain it as a heritage brand.  The lawsuit states the payments are designed to be a “sweetheart deal” to continue funding the NPPC and it’s lobbying efforts.

The lawsuit was filed against Secretary of Agriculture, Tom Vilsack, as he is charged with reviewing and approving the board’s actions.  Vilsack is requested to “claw back” any funds he can from the deal.

The case was originally dismissed due to a lack of standing.