Kroger wins dismissal of 'farm fresh' egg lawsuit
By Jonathan Stempel
Aug 7 (Reuters) -Kroger KR.N, one of the largest U.S. grocers, won the dismissal of a lawsuit claiming it misled consumers by using the familiar "farm fresh" label to describe eggs that came from caged hens in industrial settings.
U.S. District Judge Charles Kocoras in Chicago ruled on Tuesday that reasonable consumers would not agree with the plaintiff Adam Sorkin that "farm fresh" necessarily meant hens "living on farms, with open green space, grass, hay and straw."
Sorkin said he paid a premium price for "farm fresh" eggs under the Roundy's label at Mariano's Fresh Market stores -Kroger owns both brands - in the Chicago area, and would have paid less or not bought them had he known their origins.
But in dismissing the proposed class action, Kocoras distinguished "farm fresh" from descriptors such as "cage-free," "free-range" and "pasture-raised" that actually describe the living conditions of hens.
"The court agrees with Kroger that no reasonable consumer would plausibly spin free-roaming hens on a grassy, open field from the term 'farm fresh,'" Kocoras wrote.
"'Farm Fresh Eggs' means precisely what it says: the eggs are fresh from a farm," he added. "It is about origin and timing, nothing more."
Lawyers for Sorkin did not immediately respond to requests for comment on Wednesday. Kroger and its lawyers did not immediately respond to similar requests.
Sorkin sued last October, eight months after the nonprofit advocacy group Data for Progress released a report, "Cracking Down on Kroger," calling for increased transparency about where Kroger's eggs come from.
The report included a survey of 646 Kroger customers, where 41% said they thought "farm fresh" meant cage-free, 14% said it meant cages were used, and 45% didn't know.
The case is Sorkin v Kroger Co, U.S. District Court, Northern District of Illinois, No. 23-14916.
Reporting by Jonathan Stempel in New York; Editing by Kirsten Donovan
Related Assets
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
