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A nationwide class action has been lodged on behalf of consumers who purchased Nellie’s Free Range Eggs claiming the producer falsely advertises the supposedly superior living conditions of the hens who produce the pricey eggs.
Lead plaintiff, Constance Mogull, says in her complaint filed in New York federal court on Wednesday that she and other consumers were duped by manufacturer, Pete and Gerry’s Organics, LLC, into thinking the hens that are used for Nellie’s Free Range Eggs live an idyllic, outdoor lifestyle. Mogull points to packaging that features chickens running around with children in green grass and plenty of space.
In addition, consumers are further deceived about the so-called free range eggs by “education” provided by Pete and Gerry’s Organics that purports to create a distinction between Nellie’s and other eggs. The manufacturer claims that the hens that produce competitors’ eggs, even those labeled “cage free,” live a “grim existence,” stuffed into crates and not let outside.
Mogull says that she and other consumers paid significantly more for Nellie’s eggs based on these “free range” claims; however, the class action contends that shoppers would be surprised to see how the hens that Pete and Gerry’s Organics use to supply the product are actually treated.
“Defendant’s portrait of its hens’ ‘Free Range’ lifestyle is far from the reality,” alleges the lawsuit. “Defendant’s hens are crammed into sheds up to 20,000 at a time, preventing them from extending their wings, foraging or making their way to the outdoor space Defendant advertises so prominently.”
The class action lawsuit cites a 2016 survey that found consumers purchased eggs labeled “free range” because the hens that supply the eggs are happier. Additionally, two shoppers who purchased Nellie’s eggs allegedly told interviewers that they did so because they cared about how the hens were treated; however when confronted with the reality of the hens’ existence, they said they were surprised and would not have paid nearly $5 for the carton of eggs.
The lawsuit contends that Pete and Gerry’s significantly misrepresents how its suppliers treat their chickens. The complaint includes photos of thousands of hens kept in storage sheds. Mogull alleges that the hens are not provided the outdoor time as advertised on Nellie’s Free Range packaging and are instead kept inside during the winter, inclement weather, and during the night and morning hours. To get outside, hens must escape through small hatches along the sides of the shed.
This is not the first time legal action has been filed concerning the lifestyle of the hens that produce Nellie’s eggs. In 2019, four consumers filed a class action lawsuit claiming that Nellie’s Free Range Eggs are misrepresented as being from laying hens that are treated humanely.
In this recent legal action, Mogull alleges that she and other consumers would not have purchased or paid as much for Nellie’s Free Range Eggs had they known the true living conditions of the hens. The class action accuses Pete and Gerry’s of false advertising and violations of consumer protection laws.
In addition to damages, the lawsuit is seeking to stop the alleged false advertising with a court order forcing Pete and Gerry’s to conduct a corrective marketing campaign.
Have you purchased Nellie’s Free Range Eggs? Are you surprised by the class action lawsuit’s allegations about how the hens are treated? Tell us about it in the comment section below!
The lead plaintiff is represented by Scott A. Bursor and Yitzchak Kopel of Bursor & Fisher, PA.
The Nelli’s Free Range Eggs Class Action Lawsuit is Mogull v. Pete and Gerry’s Organics, LLC, Case No. 7:21-cv-03521 in the U.S. District Court for the Southern District of New York.
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64 thoughts onNellie’s Free Range Eggs Not Free Range, Claims Class Action
I get that people are upset. I also get that PETA, in spite of the word “Ethical” in its name, doesn’t always have the most unblemished reputation when it comes to strict accuracy regarding some of their allegations. The filing referenced a YouTube video as part of their evidence, which I hate to break it to you but YouTube doesn’t have any rules requiring its content creators to verify what they post like a newspaper or a credible academic journal. There have been no recent updates and this is actually typical of PETA. They get the outrage and then the donations. I’m not saying they aren’t trying to take real action, but they really don’t want people eating eggs at all. Taking a lawsuit just far enough to get some publicity then dropping the lawsuit before all the allegations can fall apart during discovery is par for the course.
Second, you can’t add yourself to a class action lawsuit by posting a comment on a website. Class actions are named that because they’re filed ON BEHALF of a class of individuals and then if there is a judgment or a lawsuit they may either distribute to the affected group (typical if the class is people who subscribe to a service or some other trackable list of affected individuals) or they will publish one or more statements which you must directly reply to at the contact listed. Typically one is to advise if you wish to be excluded due to filing your own lawsuit, and the other is to claim your share of the judgment or settlement. It’s truly bizarre that so many people posting on a website specifically devoted to class action lawsuits have no idea how they work.
And I am not trying to claim I know if Nellie’s is responsible for mistreating hens or is using deceptive advertising. But one thing lawsuits like this accomplish is to allow news sites to publish salacious claims without the evidence they would normally need to avoid libel lawsuits, because they’re just reporting that something has been alleged, not confirming its accuracy.
I am a vegetarian and have been eating Nellie’s eggs because I thought tlhey were humane. I was searching for coupons when class action info popped up. I am shocked. Please add me to the class action. :(
Just an update. The suit has been dismissed at the request of both parties. Details are confidential. Clearly PETA doesn’t care what the truth of the matter is as long as they got the initial publicity. I cannot think of a single reason why PETA would agree to a dismissal without the right to make a public statement on the issue if they have any real commitment to honesty or integrity.
I specifically bought these because I thought they treated their chickens humanely like it shows and says on the packaging and now I’m so sad that I didn’t do my research first. I’m a vegitarian but I don’t want to eat animal products that cause harm to the animals and i am disgusted that I purchased these and supported an awful company
Add me. I buy Nellis eggs because they are certified humane. I am angry to have been mislead.
Now that PETA has agreed to a dismissal and confidentiality on both sides with no public statements, are you so sure the accusations were credible?
BTW, you can’t “add” yourself to a class action lawsuit. You can claim a share of what’s been awarded if you belong to the class, and you can request to be excluded if you want to file suit individually, but only the people acting on behalf of the class of plaintiffs have any say over how it gets conducted.
Add me. I am curious as to when this lawsuit will be resolved.
What a betrayal to buyers. I didn’t mind paying extra when I saw “outdoor forage”. I am angry that I was lied to. Pete & Gerry are greedy & don’t care one bit about abusing their chickens. Add my name to the lawsuit against them
I am very disappointed. Earlier this year I started focusing on my food and where it comes from.
Like sugar and sugar substitutes, all bad for your body. So I stopped eating sugar and foods that contains sugar or substitutes.
Then I thought eggs are a base food so they can’t sneak additives in them, and that Nellie’s eggs were a great staple. Only to find out the rules raising hens/eggs are shady.
Sad
Add me
I’m also deeply disappointed to hear that these eggs are falsely advertised as the product of humanely treated hens. I’ve spent the extra money because of that. Back to Farmers Market eggs for me. Add me to the class action.
Add me!