Kroger wins dismissal of ‘farm fresh’ egg lawsuit

By Jonathan Stempel

(Reuters) – Kroger (NYSE:), 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.