Kroger secures dismissal of lawsuit over ‘Farm Fresh’ egg labeling

USA – Kroger, one of the largest grocery chains in the United States, successfully defended itself against a lawsuit alleging that the company misled consumers by labeling eggs from caged hens as “farm fresh.” 

The lawsuit was dismissed by the U.S. District Judge Charles Kocoras in Chicago, who ruled that reasonable consumers would not interpret the “farm fresh” label to mean that the eggs came from hens raised in idyllic, open-field conditions.

The plaintiff, Adam Sorkin, argued that he was deceived into paying a premium for eggs labeled as “farm fresh” under Kroger’s Roundy’s brand, which he purchased at Mariano’s Fresh Market stores in the Chicago area. 

Sorkin claimed that had he known the eggs were sourced from caged hens in industrial settings, he would have either paid less or chosen not to buy them.

In his decision, Judge Kocoras differentiated the term “farm fresh” from other descriptors like “cage-free,” “free-range,” and “pasture-raised,” which specifically refer to the living conditions of the hens. 

He emphasized that the phrase “farm fresh” simply indicates that the eggs are fresh and come from a farm, without implying anything about the environment in which the hens were kept.

The lawsuit, which Sorkin filed in October 2022, followed a report by the nonprofit group Data for Progress that called for greater transparency from Kroger regarding the sourcing of its eggs. 

The report included a survey of 646 Kroger customers, revealing that a significant portion of respondents were unclear about the meaning of “farm fresh,” with some assuming it implied cage-free conditions.

Neither Sorkin’s legal team nor Kroger and its representatives provided immediate comments following the dismissal of the case.

The case is listed as Sorkin v. Kroger Co., in the U.S. District Court for the Northern District of Illinois, under case number 23-14916.