Eggland’s Best Lawsuit Claims Egg-Producing Hens Are Not Cage-Free as Advertised

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A proposed class action lawsuit alleges Eggland’s Best has falsely advertised its eggs as “cage free” given that most of the hens that produce the eggs live in “typical factory farming conditions” and never have outdoor access.

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The 20-page Eggland’s Best lawsuit alleges many of the hens that produce the company’s purportedly cage-free eggs are housed “indoors 24 hours per day, 365 days per year,” in windowless structures made of concrete, metal and dirt. These structures contain “hundreds of thousands of hens” packed so closely together that each bird has roughly one square foot of space, or less, to itself, the suit claims.

“[M]any hens living in these structures never see the sun or breathe fresh air,” the complaint charges, alleging Eggland’s Best hens are not “free to roam in a pleasant, natural environment” amid the cramped, artificial, highly stressful conditions.

By labeling the eggs with the claims “free to roam” and “natural,” Eggland’s Best has sought to attract consumers who specifically seek eggs from hens living in ethical, sustainable environments, the filing contends. The case accuses Eggland’s Best of reaping an “unearned premium” by overcharging consumers for the supposedly cage-free eggs.

As the lawsuit tells it, many consumers try to steer clear of factory farming, and this segment of buyers represents a significant portion of the population. Given that consumers increasingly care about animal welfare, they are willing to pay extra for products sourced from animals that are housed in natural conditions, the case shares.

Per the suit, “cage free” eggs generally sell for seven percent more than conventional eggs, with the price of Eggland’s Best eggs reportedly “even more exaggerated” at roughly 25 percent over the price of large conventional eggs.

“Notably, Eggland’s premium for its Cage Free eggs is nearly as large as the average premium (over conventional eggs) that is given to eggs bearing a ‘free range’ label (26 percent) across all egg brands,” the lawsuit reads. “This is because consumers equate Eggland’s Cage Free eggs with eggs from hens that have outdoor access, like ‘free range’ hens.”

In reality, the Eggland’s Best hens that produce its “cage free” eggs live in industrial compounds “specifically constructed to prevent hens from gaining any exposure to the natural world,” the case claims.

The Eggland’s Best cage free lawsuit looks to cover all individuals in the United States who bought Eggland’s Best Cage Free eggs at any time within the applicable statute of limitations period.

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