Borden Dairy Sale: New Dairy Opco, LLC (Engles/Capitol Peak & KKR) wins bid, received Court approval June 26

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UPDATE – June 26 2020: US Bankruptcy Court, District of Delaware, Approves Sale to Capitol Peak and KKR

Engles, (Capitol Peak, Previous Dean CEO) partners with KKR & Co. for Successful Bid

Borden Dairy, and its beloved icon, Elsie, have new owners.
Early on the afternoon of June 15, 2020, New Dairy Opco, LLC, was announced as the winning bidder for Borden Dairy Company and its assets, 5 months after Chapter 11 was filed on January 5, 2020.  A notice was posted on the website filing the Borden Chapter 11 Documents for the US Bankruptcy Court of Delaware, and is included below.
A Sale Hearing has been scheduled for Thursday, June 18, 2020 by the Bankruptcy Court. A series of hearings and court activity, dictated by Rules of Federal Court, will take place in the following weeks before a sale is final.
New Dairy Opco, LLC, is an entity comprised of  KKR and Co., a US-based global investment firm, and Capitol Peak Partners, founded by Gregg Engles, a previous Dean Foods CEO.  A Declaration entered on the Court’s docket on June 20, Docket #879, lists that Colin Murphy is the secretary of New Dairy Opco, which is commonly referred to as New Dairy.
GH Acquisition, LLC, and Prairie Farms Dairy, LLC, were announced as the next highest bidders.
This is a breaking news story, and more details will emerge going forward.
This change in ownership will set a new stage for dairy co-ops and independent dairy farms selling milk to the Borden plants, and hopefully provide more certainty to farmers of markets going forward.
 

The Sale Notice as it appeared on the Court’s Docket:

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New Dairy Opco, LLC, became official as a Delaware corporation on June 1, 2020.
According to a Bloomberg report by Jeremy Hill and Isis Almeida, which doesn’t name sources, New Dairy Opco, LLC, is a joint effort of Capitol Peak Partners, headed by Gregg Engles (a previous CEO of Dean Foods), and KKR, said to be the world’s 2nd largest private equity firm.  KKR had been prominently mentioned in the Borden bidding per the filings on the court docket.
In the late stages of the Dean Foods Chapter 11 process, KKR and Borden, along with some other financial entities, offered an alternative plan to the sale of Dean Foods to Dairy Farmers of America (DFA).

The Bloomberg story in its entirety, as first published at 2:20 pm on June 15th (the story has since been updated – see link above):

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Background & Additional Resources:

General: Borden Fact Sheet – Summary: Borden has 12 plants, 91 branches, has 3,300 employees. The plants operate mostly in the southeast, somewhat in a crescent from Charleston, SC to Florida to Texas.  The Fact Sheet also lists plants in Cleveland, OH, and London, KY.

17 June 2020, 2:30 pm: KKR, Former Dean Foods CEO win bid to buy Borden Dairy Co. in Bankruptcy Court;  by Colleen Kotke for the Wisconsin State Farmer,
15 June 2020, 6:01 pm:  Capitol Peak Partners, KKR Win Bankruptcy Auction for Bordenposted at Morningstar, provided by Dow Jones
15 June 2020, 6:29 pm:  KKR, Former Dean Foods CEO win Auction for Borden Dairy Five Months After Bankruptcy Filing, by Natalie Walters for the Dallas Morning News
26 May 2020, 7:00 am: For a Second Time in Borden’s 163-year History, A Government Contract Could Propel it Through Crisis, by Natalie Walters, for the Dallas Morning News

Look for new developments as the story evolves.

 

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New ‘LOCAL’ Brand in the Mountain South – Thanks, Food City & Milkco!

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Went to a Food City store and what did I see?

A New Brand of LOCAL Milk looking back at me!

 

In a month of challenging news centered on COVID-19 and how it is affecting farms across the country, a once-every-10 days trip to a grocery store offered a bright spot in an otherwise difficult time frame.

 

‘Southern Dairies’ is a new brand of milk making its way onto Food City shelves!  This carton was a sight for sore eyes, particularly when I saw the words  “We support LOCAL dairy farmers!”  And then, I saw the milk plant #37-82,  a milk plant I and many others in the South are familiar with – the Milkco plant at Asheville, NC.   The cost on this day (Friday, April 10, 2020)  was $2.99 / gallon.

 

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Because I’m fairly familiar with farms whose milk is delivered to certain milk plants in the southeast, this made me extremely happy!  That milk plant receives the majority of its milk from farms in northeast TN (from Knox County to Johnson County), southwest VA, North Carolina (central to western NC), SC, and north GA.

 

I have many, many friends whose milk is bought by Milkco, and this is another opportunity for their milk to be available to regional/local consumers!  Truly, this is a case of a milk plant located in the mountain south, purchasing from farms in the south, and delivered to food retailers in the South!  That’s a whole lotta local $$ circulating in the area economy!

 

Food City has collaborated with the Milkco plant before, as they have sourced their Food Club (private label) branded eggnog from them in past holiday seasons.

 

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There were  other brands of gallon milks on the Food City Dairy Case shelf at the time of this visit:  Mayfield is another brand of milk processing milk from southeast dairy farms, with a plant in Athens, TN.    The ‘food club’ brand is bottled at the Superior Milk plant in Canton Ohio, sourcing milk from farms in that regions of the country.

 

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Food City is a grocery store chain of approximately 130 stores located from Southwest Virginia to Eastern KY, through East TN and into North GA.  This is a chain I know well, since I am frequently in their stores, and I know vegetable growers who sell produce at Food City.    This chain, like many,  has been challenged with all of the panic buying experienced by many groceries across the country, with shortages at times.  The ‘new normal’ has still not settled in, but things are better than at the beginning of the pandemic hoarding.

Read some related articles about the effect Coronavirus buying had on Food City:

 

Read More about Food City in general:

 

None of us in farming, food, or the supply chain have any idea what the ‘new normal’ will be when the Coronavirus is more under control and life gets back into more of a predictable routine.  While it is hoped sales of Southern Dairies branded milk take off like a rocket, that too is unknown at this point, and we’ll have to wait and see what other varieties or flavors of milk make it into retail channels.  But shelf space and access to consumers, ever how much it is, is a great beginning!

 

Food City and Milkco have teamed up to give dairy farmers who operate farms in the southeast something to be proud of when they walk into a Food City – that’s their milk on that shelf!   And this won’t only help local dairy farmers, this will help other farms in the area who grow grains which help feed those dairy herds, it will help local agribusinesses who serve those dairies, and it will give a sense of pride to local southeast communities.

And for that, many farms and agribusinesses in the southeast are grateful for this ‘carton of hope’ at Easter Weekend, 2020. 

Southern Dairies, you have our prayers and our support for a successful brand launch and future!

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Did anyone ever ask the Shelf Stocker? (About handling fluid milk, that is)

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Did anyone ever ask the Shelf Stocker?  When it comes to milk cartons, that is.

It’s been a busy past few months for dairy farmers and dairy industry associates all over the United States.  Whether it’s called conference or summit or convention,  dairy folks across the United States have been in session after session in the months from November to March, sometimes (often!) referred to as “Meetin’ Season.”

I can’t remember a session for the past few years where the term ‘innovation’ hasn’t been used.  Sometimes, the term refers to new dairy products, but it is used equally as much in reference in packaging and handling for milk and other dairy products.

Balancing the costs associated with bringing milk and milk products to market along with visual elements which attract consumer purchases is like walking a high-wire across the Grand Canyon.  With dependable fluid milk sales losing market share to the ‘newest and shiny’ dairy toy, every level of the supply chain is in perpetual review.

On the way back to the ‘home office’ after one of those winter dairy meetings,  I stopped by a grocery store to grab some milk. (Whole milk, if you must know, and a brand in a yellow jug which I know comes from many farms in my area).

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As I often do, I just stood there evaluating the dairy case – fluid milk.  There were private label commodity milks from far away (over the ‘within 400 miles “Local” definition’ in the 2008 Farm Bill), a branded local milk, high-margin blended milks, and fake milks which are trying to convince consumers they are better than real, whole, milk.  Additionally, all of the ‘fakes’ (aka plant-based beverages) do nothing for farms and the farm economy in our southeast area of the US;  the crops or products used in them cannot be traced to a farm in the southeast.

While I was looking at the case, a very pleasant young man, the stocker clerk for the evening, brought out several cases of the yellow jug to place in the shelves.  Those yellow jugs are delivered in the plastic, open top milk crates which are as popular for home decor as for milk deliveries.

He then brought out some of the far-away jugs shipped in brown cardboard cases. In many dairy discussions with farmers, industry folks indicate that the brown cardboard is preferable to the traditional crates. Notice I said ‘industry folks.’

So, I just asked the clerk, a young man on the front line of consumer connections and milk sales,  if he would answer a question for me, and he politely said “Sure, if I can, ma’am.”

My question to the stocker:  From your perspective, do you prefer the cardboard carton, or the plastic milk crate?

The stocker clerk’s response was this: “I prefer the plastic crates.  For one thing, they are sturdier than the cardboard.  And also, their open top saves me time – I don’t have to cut open and fold cardboard boxes for bundling. I just reach in and get cartons and put them on the shelf.”

He went on to tell me of several times the cardboard cartons had weak spots in them, and extra care was required in handling.  He even had a cardboard carton break open one time, and jugs of milk fell out, crashed open, and milk went everywhere – including all over him.  (Anyone who’s had milk spill on them can identify with the dilemma, why you want to get it cleaned up quickly, and the extra time it takes to make sure you get all of it!)

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His response made sense to me – lots of sense, actually.  And anyone who has ever figured ‘time as money’ is likely to think it makes sense, too.  Those plastic milk crates actually still have some positives, and we need to remember that. They are appreciated by some folks, and their reasons make common sense. (Not to mention the physical benefits, since you get a bit of a workout while moving those cartons!)

In a society where we far too often see those on the frontlines of any type of ‘work’  never asked what they think about a situation, it is all too believable, too.

Has anyone ever considered the perspective of stocker clerks everywhere who do the actual work of getting milk on shelves, or has anyone ever done a ‘study’ or survey about what they would recommend?  Should their thoughts count on what is best for fluid milk and helping it re-gain traction?

The concept of moving more fluid milk is on smart dairy people’s minds, because it is generally the product which can be brought to market most quickly and at the least cost. For years, it has been the predominant product and ‘cash cow’ of the dairy processing industry – and it is being left behind in promotion and other aspects of cost of bringing milk to market.

Some have predicted that there may be a recession in 2020 at some point, and if that does happen, are we prepared to see dairy product prices decline by 20-40%? 

If comsumer pocketbooks are stretched by a recession, which category of milk sales will decline the fastest?  Will it be those higher priced milks, or even the fake milks / alternative beverages?  Or would such an event drive consumers back to basic milks, which are nutritional powerhouses in their own right?

There are many thoughts and opinions on how to best move more or recapture fluid milk, and there are many thoughts on which of the many attributes of whole milk are the best and should be promoted the most.  (That is another discussion for another post, or yet another convention to attend!)

But for now the question is: How often do we really consider the opinion of those who are actually doing the ‘physical work’ on getting milk to consumers?  If the “Learn by Doing” motto of 4-H is true, then there is much wisdom in all of the clerks who have ever placed milk on a shelf!  And I’m betting they’ve spoken with many consumers along the way, too.

I, like many have more questions than answers, and there are others who will say that other means of milk movement have their own merits.

I’m not suggesting companies which use the cardboard cartons change their way of doing things – that obviously works for them, and any company which sells fluid milk is a benefit to dairy farmers everywhere!  One of those in particular, another which serves a lot of southeast dairy farms, is about an hour from my location.

But I will say that a simple question asked of a pleasant young man sure gave me a new perspective.  I learned a lesson, and the conversation  made me think about things a bit differently.  I hope it’s made you think, too.

And ‘thinking differently’ – on all levels of people along the supply chain – is the first step to a brighter milk tomorrow.  The dairy industry is desperately searching for that brighter tomorrow.

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Beringause, Dean Foods: “It is time we stood up for the Dairy Industry, for our nation’s Dairy Farmers . . .”

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In a bold move, the largest processor and direct store distributor of fluid milk in the United States has decided to leave its membership in the International Dairy Foods Association (IDFA), due to differences of opinion with the organization on the labeling of plant-based beverages.

Announcing their decision, Dean Foods issued the following statement: 

“Dean Foods has been a strong supporter of the International dairy Foods Association (IDFA) for many years, however, we have reached a point where one of our key priorities is no longer shared by the entire IDFA organization.  More specifically, as one of the largest dairy processors in the country, we are proud of the role we play in providing one of the most nutritious products in the grocery store – milk – to consumers around the nation.  With this in mind, we believe it is wrong that many plant-based products are currently marketed using milk’s good name, yet are lacking several of the inherent nutrients of their dairy counterparts. Unfortunately, IDFA has been unable to reach consensus and take a stance on this important issue.”

“As a result, we have decided that we can no longer financially support an organization that is not behind one of our core priorities We’ll instead divert our advocacy resources to pursuing accurate product labeling for the benefit of the dairy industry, including farmers, processors, and consumers around the country. We have appreciated IDFA’s support over the years and wish the organization and its member companies the best.”

 

Eric Beringause,  Dean Foods President and CEO, stated the following:

“There are plant-based products called “milk” on grocery store shelves today that don’t include a single drop of dairy.  Even worse, consumers are being misled into believing that these imitation products are as healthy as their dairy counterparts. It is time we stood up for the dairy industry, for our nation’s dairy farmers, for the integrity of our milk products, and for the families who rely on them for adequate nutrition.

We’re exploring every potential avenue for ensuring imitation products are labeled properly, and we welcome others to join us in this effort.”

 

Beringause, who assumed the reins as CEO of Dean Foods on July 29, came with the reputation of having a record of transformation.  In an industry crying for a renewal of sales for ‘nature’s most nearly perfect beverage,’ this decision may be a step in restoring real milk’s identity and reducing consumer confusion.

This move should be well-received by thousands of dairy farmers and industry stakeholders who have been demanding proper labeling of dairy products for years, and who have been seeking a ‘big-player’ advocate with an even bigger voice.

Dean Foods, on behalf of the nation’s dairy farm families, we look forward to working with you to advance the cause of proper labeling in keeping with standards of identity.

 

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