Kroger class action store misleadingly advertises ‘farm fresh’ eggs

Kroger farm fresh eggs class action lawsuit overview: 

• Who: Adam Sorkin filed a class action lawsuit against The Kroger Co. 
• Why: Sorkin claims Kroger misleadingly advertises that its Roundy’s brand eggs are “Farm Fresh,” when, in reality, they are obtained from battery cage systems. 
• Where: The class action lawsuit was filed in Illinois federal court. 

The Kroger Co. misleadingly advertises that its Roundy’s brand eggs are “Farm Fresh,” when, in fact, the eggs are obtained from battery cage systems where the hens are given minimal access to the outdoors, a new class action lawsuit alleges. 

Plaintiff Adam Sorkin claims Kroger, by labeling the eggs as “Farm Fresh,” is both directly and indirectly telling consumers they are purchasing eggs produced by hens “living a natural life on a farm.” 

“‘Farm Fresh’ evokes favorable impressions in consumers, such as an image of a farmer getting up with roosters to gather warm eggs from straw nests and rush them to the local general store,” the Kroger class action states. 

Sorkin wants to represent an Illinois class of consumers who purchased Roundy’s-brand eggs at Kroger subsidiaries labeled as “Farm Fresh” during the statutes of limitations for each alleged cause of action. 

Kroger allegedly misleads consumers about eggs with claim ‘almost impossible to verify’

Sorkin argues labeling claims involving animal welfare and production methods are “particularly susceptible to misleading consumers” since they are “almost impossible to verify by sensory perception at or after the time of purchase.” 

“This is because there is no difference between the appearance or taste of eggs depending on if they were from hens on a real farm or a caged facility,” the Kroger class action states. 

Sorkin claims Kroger is guilty of fraud and unjust enrichment and in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act. 

The plaintiff is demanding a jury trial and requesting an award of monetary, statutory or punitive damages for himself and all class members. 

In another case involving Kroger, the company agreed to pay $1.4 billion earlier this year to end claims revolving around its alleged role in exacerbating a nationwide opioid crisis. 

Have you purchased Roundy’s brand eggs at a Kroger subsidiary? Let us know in the comments. 

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

The Kroger farm fresh eggs class action lawsuit is Sorkin v. The Kroger Co., Case No. 1:23-cv-14916, in the U.S. District Court for the Northern District of Illinois.

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