On March 6, 2019, attorneys at Wigdor LLP and the PETA Foundation together filed a proposed Class Action lawsuit alleging claims of consumer fraud against Nellie’s Free Range Eggs and its parent company, Pete and Gerry’s Organics (together, “Nellie’s”). Nellie’s is one of the largest distributors of eggs from free-range laying hens in the United States and sells eggs at large retailers such as Walmart and Whole Foods.
The Complaint alleges that Nellie’s engages in unlawful and fraudulent consumer practices by intentionally misrepresenting to the public that it provides eggs from laying hens that are raised humanely — with adequate access to the outdoors and space to engage in natural, instinctive behaviors. As alleged, Nellie’s false advertising led Plaintiffs to believe that by paying a premium price for Nellie’s eggs, they were making an ethical purchasing decision that supported the humane treatment of farm animals.
Nellie’s Falsely Advertises on its Egg Cartons and on its Website
As alleged in the Complaint, Nellie’s makes claims on its egg cartons such as “WE LOVE OUR HENS, YOU’LL LOVE OUR EGGS,” “BETTER LIVES FOR HENS MEANS BETTER EGGS FOR YOU” and “BLUE SKY ABOVE, GREEN GRASS BELOW. JUST LIVIN’ THE DREAM,” alongside images of hens frolicking in lush, open fields: