In a recent development, the American food and grocery giant Kroger has emerged victorious in a collective lawsuit concerning eggs, with the judge ruling in favor of the company and requiring the plaintiffs to withdraw their lawsuit. The plaintiffs had accused the company of misleading customers by labeling their eggs as “farm fresh” while being raised in cages.
Judge Charles Kocoras of Chicago made the ruling on Tuesday (August 6th), stating that rational customers would not confuse “farm fresh” with “free-range” or “cage-free,” and that hens should be living on a farm with open green spaces, eating grass, and sleeping on hay.
The plaintiff, Adam Sorkin, claimed that he had purchased eggs labeled as “farm fresh” with the Roundy’s brand (both owned by Kroger) at Mariano’s Fresh Market in the Chicago area at a premium price. Sorkin mentioned that if he had known the eggs’ origins (industrial cage-raising), he would not have spent so much money on them or perhaps not purchased them at all.
However, in rejecting the proposed class action lawsuit, Judge Kocoras wrote in his ruling, “The court agrees with Kroger’s perspective that rational consumers are unlikely to infer from the term ‘farm fresh’ that hens laying these eggs are freely roaming on open fields.”
He added, “The meaning of ‘farm fresh’ is simply fresh eggs from a farm,” clarifying that the term only relates to the timing and location of the eggs, not the living conditions of the hens.
Last October, the non-profit advocacy group Data for Progress released a report urging Kroger to enhance the transparency of its egg sources, which prompted Sorkin to file the lawsuit against Kroger after reading the report.
The report surveyed 646 Kroger customers, with 41% interpreting “farm fresh” as meaning “free-range,” 14% as “cage-free,” and 45% being unsure of its meaning.
The case, titled “Sorkin v Kroger Co,” was heard in the United States District Court for the Northern District of Illinois.
(Via Reuters)