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Business Assoctiations Keyed to Gabalson, 3rd Ed.
Lovenheim v. Iroquois Brands, Ltd.
Citation:
618 F. Supp. 554 (1985)Facts
Peter C. Lovenheim owned 200 shares of Iroquois Brands, Ltd., a company that imported pâté de foie gras from France. Lovenheim was concerned about the force-feeding methods used to produce the pâté, which he believed caused undue distress to geese. He submitted a shareholder proposal requesting that Iroquois form a committee to study these production methods and report findings to shareholders about whether the practice caused animal suffering and if distribution should be discontinued until more humane methods were developed. The company’s pâté sales were only $79,000 annually (less than 0.05% of its assets) and represented a net loss of $3,121, compared to the company’s total annual revenues of $141 million, profits of $6 million, and assets of $78 million. Iroquois refused to include Lovenheim’s proposal in its proxy materials, citing Rule 14a-8(c)(5), which allows exclusion of proposals related to operations accounting for less than 5% of a company’s assets, earnings, and sales, and not otherwise significantly related to the company’s business.
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