Eggland’s Best must face class action over ‘cage free’ eggs

Eggland’s Best class action overview:

• Who: A federal judge ruled a class action lawsuit filed against Eggland’s Best by a group of consumers can move forward.
• Why: The consumers allege Eggland’s Best misleads consumers about the living conditions of its “cage free” hens.
• Where: The class action lawsuit was filed in Illinois federal court.

A federal judge has ruled a class action lawsuit filed against Eggland’s Best by a group of consumers who allege the company misleads consumers about the living conditions of its “cage free” hens can move forward.

U.S. District Judge Franklin U. Valderrama ruled on Feb. 27 that the plaintiffs had sufficiently alleged that a reasonable person would be misled by Eggland’s Best’s statement that its hens are “free to roam in a pleasant, natural environment.”

The plaintiffs argue that the statement is misleading because Eggland’s Best’s hens are actually kept in industrial “egg-laying compounds” with no access to the outdoors.

Valderrama denied Eggland’s Best’s motion to dismiss the Eggland’s Best class action lawsuit, finding that the plaintiffs had plausibly alleged that a reasonable person would take the statement to mean that the hens have some outdoor access or at least live in an environment that is pleasant and natural.

Valderrama also found that the plaintiffs had sufficiently alleged that they paid a premium for Eggland’s Best’s cage free eggs based on the misleading statement, which is enough to establish standing to sue.

‘Cage free’ can include hens without outdoor access argument dismissed

Eggland’s Best argued that their marketing statement is not misleading because the eggs are clearly labeled “cage free” and the plaintiffs do not allege that the eggs are not, in fact, “cage free” under the relevant state regulations.

The company also argued that the statement is mere puffery and therefore not actionable.

However, Valderrama rejected both arguments, finding that the statement is not mere puffery because it makes a verifiable promise to the consumer about the living conditions of the hens.

Eggland’s Best also argued that the plaintiffs do not have standing to seek injunctive relief because they are now aware of the alleged deceptive conduct and have not made any allegation suggesting an intent to purchase Eggland’s Best’s cage free eggs in the future.

Valderrama agreed with Eggland’s Best on this point, finding that the plaintiffs have not plausibly alleged a real and immediate threat of suffering future harm from the company.

As a result, Valderrama dismissed the plaintiffs’ claims for injunctive relief without prejudice.

Last year, Alderfer Family Farm and Alderfer Poultry Farm agreed to a $287,500 settlement to resolve claims their eggs were falsely advertised as coming from free-roaming hens.

What do you think of the allegations made in this Eggland’s Best class action lawsuit? Join the discussion in the comments.

The plaintiffs are represented by Douglas W. Werman and John J. Frawley of Werman Salas P.C. and Pete Winebrake of Winebrake & Santillo LLC.

The Eggland’s Best eggs class action lawsuit is Janecyk, et al. v. Eggland’s Best Inc., et al., Case No. 1:24-cv-06222, in the U.S. District Court for the Northern District of Illinois.

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