Foster Farms Sued in Humane Labeling Class Action Lawsuit

According to a proposed Foster Farms labeling class action lawsuit, Foster Poultry Farms Inc.’s chickens are mistreated and mutilated before they are killed using painful methods, all of which contradicts Foster Farms’ American Humane Association certification label.

Plaintiff Carol Leining filed this Foster Farms class action lawsuit in California federal court, alleging she purchased Foster Farms chicken based on the “American Humane Certified” label, which led her to assume the birds lived comfortably before their death and were killed in a quick and painless manner.

However, after making these Foster Farms chicken purchases, she discovered that this labeling does not require special treatment. According to the Foster Farms labeling class action lawsuit:

“The American Humane Certified label creates a reasonable expectation among consumers that the chicken they are purchasing is produced under circumstances that would be understood to be humane. Yet, the AHA standards that Foster Farms purports to follow in order to attain ‘humane certification’ from the AHA permit and even necessitate inhumane treatment on their face.”

According to Leining, the AHA standards only require that chicken eggs are sourced from breeding facilities that work to avoid contagions, which allows the birds to endure beak-trimming and molting and be deprived of food and water. Additionally, the Foster Farms labeling class action alleges roosters have their combs and toes cut without the comfort of anesthesia and the other male roosters are ground up alive.

The plaintiff alleges that slaughtering is inhumane, as the chickens are shackled and dunked upside-down in electrified water, after which their throats are slit. The current AHA standards only require that chickens are left to bleed out for 90 seconds, which according to the Foster Farms class action lawsuit is not enough time for the birds to die before they are inevitably submerged in hot water to remove their feathers.

Leining brings several allegations against Foster Farms in this labeling class action lawsuit, including claims of unfair competition, negligent misrepresentation, breach of express warranty, and breach of implied warranty of merchantability. She seeks to represent herself in this Foster Farms class action lawsuit, as well as a Class of “California citizens who purchased Foster Farms chicken product labeled American Humane Certified during the period March 11, 2013 to the present in the State of California.”

In response to these Foster Farms Labeling class action allegations, Ira Brill, the company’s Director of Communications, stated that the plaintiff’s claims are “without merit” and insinuated that vegan organizations are the driving forces behind the complaint.

The plaintiff is represented by Sheldon Eisenberg, Erin E. McCracken and Jessica Medina of Drinker Biddle & Reath LLP.

The Foster Farms Labeling Class Action Lawsuit is Carol Leining v. Foster Poultry Farms Inc., Case no. BC588004 in the Superior Court of the State of California for the County of Los Angeles.