Nellie’s “Free Range” Eggs and Hens’ Living Conditions Florida Class Action

Pete and Gerry’s Organics, LLC is the distributor of Nellie’s Free Range Eggs. The complaint for this class action alleges that Pete and Gerry’s makes false representations in its marketing of the eggs that give the impression the hens are “free range” and raised in humane living conditions.

The class for this action is all individual residents of Florida who bought Nellie’s Free Range Eggs through the date the class is certified in this case.

The company disparages the living conditions for most hens in the US. The complaint quotes it as saying, “Most hens don’t have it as good as Nellie’s. 9 out of 10 hens in the U.S. are kept in tiny cages at giant egg factories housing millions of birds. … Nellie’s small family farms are all Certified Human[e] Free-Range. Our hens can peck, perch, and play on plenty of green grass.”

Pages 2 and 3 of the complaint show images of the eggs’ packaging, which say things like, “We love our hens, you’ll love our eggs,” “Better lives for hens mean better eggs for you,” and “The grass is greener when there is actually grass.” The images on the egg cartons include hens on broad stretches of green grass, and a little girl cuddling a hen. The complaint claims the company makes other representations claiming the eggs come from “Outdoor Forage” hens.

According to the complaint, these things lead consumers to believe that the “hens had space to move around both indoors and outdoors, that the hens in fact spent time outdoors, and that [Pete and Gerry’s] hens have better lives than other hens because they have more access to the outdoors.”

But this is not true, the complaint alleges: The “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…”

Pages 4 and 7 show images that are presumably conditions of actual hen accommodations, with hundreds of birds crammed together in dark, industrial-looking interiors.

A video on the Nellie’s YouTube channel purports to give explanations of some of the terms used for eggs and the raising of hens. It contrasts some living conditions with those experienced by a Nellie’s hen. “Our free-range hens get to live their lives like real hens, with access to pasture every[ ]day in good weather. Our hens can spread their wings, forage in the fields, or scratch in the dirt.”

But according to the complaint, the Pete and Gerry’s hens “can only get outside through small hatches cut at intervals along the sides of the shed. The hatches are closed all winter and during inclement weather. In pleasant weather the hatches are closed at night and are not opened until 1 pm the next day.” Because the pens are so overcrowded, the complaint alleges that many of the hens never manage to get outside.

Article Type: Lawsuit
Topic: Consumer
Tags: Animal Health and Welfare, Deceptive Advertising, Deceptive Labels, Hens Chickens Eggs: With Outdoor Access Cage-Free Free-Range, Raising Birds Fish or Animals