Nellie’s Free Range Eggs Not Free Range, Claims Class Action

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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