SEATTLE (Legal Newsline) – A Washington man alleges consumers are paying a premium for shell eggs are that falsely advertised as being laid by hens with outdoor access.

Jaime Silva filed a complaint on behalf of himself and all others similarly situated on March 2 in the U.S. District Court for the Western District of Washington against Wal-Mart Stores Inc., Michael Foods Inc., et al. alleging violation of the Washington Consumer Protection Act and unjust enrichment.

According to the complaint, the defendants market private label Organic Marketside eggs as "having provided the laying hens 'with outdoor access.'" He alleges the hens are confined to industrial barns without outdoor access. The suit states the hens are kept in barns with an enclosed, screened porch.

The plaintiff holds Wal-Mart Stores Inc., Michael Foods Inc., et al. responsible because the defendants allegedly have benefited and been enriched by their wrongful conduct.

The plaintiff requests a trial by jury and seeks judgment against the defendants for damages and restitution of all monies, attorneys’ fees, costs, interest and further relief as the nature of the case may require. He is represented by Steve W. Berman of Hagens Berman Sobol Shapiro LLP in Seattle, Washington and Elaine T. Byszewski of Hagens Berman Sobol Shapiro LLP in Pasadena, California.

U.S. District Court for the Western District of Washington case number 2:18-cv-324

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U.S. District Court for the Western District of Washington




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