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Tuesday, April 30, 2024

Lawsuit over Kroger's eggs says 'farm fresh' is meaningless phrase

Lawsuits
Kroger

CHICAGO (Legal Newsline) — A new class action seeks compensation for purchasers of eggs at Kroger, alleging calling them "farm fresh" tricks consumers into thinking the hens are treated more humanely than they are.  

Adam Sorkin, individually and on behalf of all others similarly situated, filed a complaint Oct. 14 in the U.S. District Court for the Northern District of Illinois against The Kroger Co., alleging fraud and other claims. 

Sorkin alleges in his class action that Kroger's "Farm Fresh" eggs sold under its Roundy's brand are misleadingly labeled. He claims the eggs are not produced on "anything consumers would consider a farm" and that the chickens are in "large-scale" industrial confinement. 

Sorkin further claims hens in such environments are usually caged with up to 11 birds per cage. He alleges that according to the Egg Products Inspection Act, eggs can be labeled as "fresh eggs" if they meet Grade A but can not be labeled "farm fresh." 

Sorkin claims he and other consumers relied on the "farm fresh" label to mean the eggs were produced by hens living on farms with open green space, grass and straw. He also claims the value of the product is materially less than its value that is represented by Kroger. 

The plaintiff and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York. 

U.S. District Court for the Northern District of Illinois case number 1:23-CV-14916

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