Status: In progress

Long, et al. v. The Kroger Co.

Kroger allegedly misleads customers to think its eggs are cage-free when they are not necessarily from cage-free hens.

  • Deadline to file a claim: TBD
  • Proof of Purchase Required: No
  • Potential Individual Reward: TBD
  • Total Settlement Amount: TBD
  • States Involved

By Jessy Edwards  |  May 22, 2023

Category: Food
Close up of a person holding eggs in a grocery store.
(Photo Credit: lunopark/Shutterstock)

Kroger class action overview: 

  • Who: A Kroger egg consumer is suing the grocery store.
  • Why: The plaintiff says the company misrepresents its eggs as being cage-free. 
  • Where: The Kroger class action lawsuit was filed in an Illinois federal court.
  • What are my options: Try Gopuff for your grocery needs.

Kroger misleads customers to think its eggs are cage-free when they are not necessarily from cage-free hens, a new class action lawsuit alleges.

Plaintiff Larry Long filed the class action lawsuit against The Kroger Co. on May 3 in an Illinois federal court, alleging violations of state and federal consumer laws.

The Kroger Co. sells fresh eggs described by in-store labeling as “Positive Farm Fresh,” “Farm Fresh” and “Grade A,” Long states.

According to the lawsuit, findings released by think tank Data for Progress recently revealed “that Kroger shoppers are being misled into buying eggs from caged hens wrongly thinking they are cage-free.”

Kroger walked back cage-free promises, lawsuit alleges

Kroger consumers seem confused and often misled by the marketing of its eggs from caged hens using labels like “Farm Fresh” and purchase those eggs believing the hens were not confined in cages, Long says.

One report found over 40 percent “of Kroger customers think that the ‘Farm Fresh’ label indicates eggs that come from chickens not confined in cages, when that is not necessarily the case.”

“Plaintiff believed and expected the eggs labeled as ‘farm fresh’ and ‘Grade A’ meant the eggs were from hens that were not confined in cages,” the lawsuit states.

In a 2022 report, Kroger said it anticipates transitioning only approximately 70 percent of its eggs to cage-free or ‘higher standards’ by 2030, a backtrack on former promises to only sell cage-free eggs by 2025, the lawsuit states.

As a result, the plaintiff is looking to represent an Illinois class of consumer who bought the eggs, plus a consumer fraud multistate class of consumers from Arkansas, Montana, Wyoming, Utah, Idaho, Iowa, West Virginia and Alaska.

He’s suing for violation of state consumer laws and for breach of warranty, negligent misrepresentation, fraud and unjust enrichment. He seeks certification of the class action, damages, fees, costs and a jury trial.

Kroger has previously faced class actions.

In 2022, Kroger was hit with a class action lawsuit alleging it makes a baby teething wafer under the Simple Truth brand that contains dangerous levels of toxic heavy metals.

What do you think of the allegations in this case? Let us know in the comments. 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Kroger Co. class action lawsuit is Larry Long, et al. v. The Kroger Co., Case No. 1:23-cv-01179-JBM-JEH, in the U.S. District Court for the Central District of Illinois.


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43 thoughts onKroger class action claims eggs are misleading labeled, may not be from cage-free hens

  1. Keisha Micheal says:

    I do not have any complaints about manufacturer’s, hens raising Farmer’s that take care of their animals. As they should. Especially since they play a huge role in supplying a major food source to the World. I just am truly so confused about free range hens and how they are more healthy than the caged hens.

    Ty

  2. Keisha Micheal says:

    I am very straight forward so I am going to say this, what the heck is the difference? Also, I truly feel like Kroger is getting a raw deal here. They are a major retailer. I can not believe anyone really thought nor thinks they actually are the makers of baby wafers. Nor does anyone really think they have a huge
    farm out here somewhere in the world with free range hens just roaming about, or that they are packaging any of the items sold at their retail locations. They definitely aren’t raising any hens nor chickens anywhere nor are do they making baby wafers or they are packaging any of the items they sell to consumers at any of their retail location. They are the seller not the producers or packaging services. I am sure of those 2 things. My mother and I both worked for Kroger at some point in our lives. So, I think these lawsuits are truly really ridiculous. I’m actually a bit floored that I have been scammed repeatedly by big well known became brokerage firms and I couldn’t pray up any help. Not even from the SEC nor FINRA but hen’s get this much just for being kept in a cage or not. Also, to be perfectly honest framers should keep the hens safe and caged and kept in a relativity safe environmental that is a more controlled and healthy environment instead of roaming freely and possibly getting sick or making people sick all over the state. Especially do not like that they are in a possibly unsafe environment roaming freely like cattle. I don’t know why everyone is so mad about these hens not Clearly, they being taken care of and loved. I’m truly just do not understand these complaints. Sorry

    1. Keisha Micheal says:

      I do not have any complaints about manufacturer’s, hens raising Farmer’s that take care of their animals. As they should. Especially since they play a huge role in supplying a major food source to the World. I just am truly so confused about free range hens and how they are more

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