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Thursday, September 19, 2024

Plaintiffs Allege Major Egg Producer Misled Consumers About Hen Welfare

Federal Court
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In a striking new lawsuit, plaintiffs accuse a major egg producer of deceptive marketing practices. On August 7, 2024, James Delaney, Tracy Massenburg, and Amber Motley filed a class action complaint in the United States District Court for the Eastern District of Pennsylvania against Eggland’s Best, Inc. and Eggland’s Best, LLC.

The plaintiffs allege that Eggland’s Best has been misleading consumers by falsely claiming that their "Cage Free" eggs come from hens that are “free to roam in a pleasant, natural environment.” According to the complaint, this statement is prominently displayed on the packaging of all Cage Free eggs distributed nationwide. However, the reality is starkly different. The plaintiffs assert that many hens producing these eggs live in typical factory farming conditions—confined indoors 24/7 in windowless structures made of concrete and metal with little space to move around. They argue that these conditions are neither "natural" nor "pleasant," as claimed by Eggland's Best.

James Delaney from White Haven, Pennsylvania recounts his experience of purchasing Eggland’s Best Cage Free eggs in May 2024 at a premium price because he believed they came from humanely treated hens. Similarly, Tracy Massenburg from Richmond, Virginia and Amber Motley from Roanoke, Virginia also paid higher prices for these eggs under the same belief. All three plaintiffs claim they would not have purchased the eggs had they known the true living conditions of the hens.

The plaintiffs accuse Eggland’s Best of intentionally misleading consumers to sell their Cage Free eggs at an unearned premium. They point out that while merchants often label eggs as “free range” or “pasture raised” when they come from hens with outdoor access and ample space, Eggland’s Best uses similar language without providing such conditions for their hens. This misrepresentation allegedly allows them to attract consumers seeking ethically produced products and charge higher prices.

The lawsuit cites violations of consumer protection laws in both Pennsylvania and Virginia. Specifically, it claims breaches under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (CPL) and the Virginia Consumer Protection Act (CPA). The plaintiffs seek actual damages or statutory damages as provided by these laws along with attorneys’ fees and costs. Additionally, they demand restitution for unjust enrichment since Eggland’s Best allegedly profited from false pretenses.

Represented by attorneys Douglas M. Werman and John J. Frawley from Werman Salas P.C., along with Pete Winebrake and Michelle Tolodziecki from Winebrake & Santillo LLC., the plaintiffs request certification of this case as a class action under Federal Rule of Civil Procedure 23. The case is presided over by Judge Nitza I. Quiñones Alejandro under Case ID: 2:24-cv-03972-NIQA.

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