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

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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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