ORLANDO, Fla. (Legal Newsline) - An organic egg company is facing accusations its chickens are not free range.
Plaintiff Tamara Dean filed a class action lawsuit in Orlando, Fla., federal court on April 27 against Pete and Gerry's Organics. The company distributes Nellie's eggs and markets them as being free range eggs from hens raised in humane living conditions, the suit says.
The company says "Our hens can peck, perch and play on plenty of green grass."
"Unfortunately for consumers, none of this is accurate," the suit claims. "Defendant’s portrait of its hens’ 'Free Range' lifestyle is far from the reality.
"Defendant’s 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 as Defendant advertises so prominently."
The plaintiffs lawyers include images from Nellie's egg provider that show hens packed into a shed. The animals can only get outside through small hatches that are closed all winter and during inclement weather, the suit says.
"In pleasant weather the hatches are closed at night and are not opened until 1 p.m. the next day," the suit says.
Lawyer William Wright of The Wright Law Office and lawyer Daniel Faherty of Telfer, Faherty & Anderson filed the lawsuit.