Kroger Secures Dismissal of ‘Farm Fresh’ Egg Lawsuit, Reports Reuters

By Jonathan Stempel

A lawsuit against Kroger, one of the largest grocery chains in the United States, has been dismissed. The claim alleged that the company misled consumers by labeling its eggs as “farm fresh” when they actually came from caged hens in industrial conditions.

U.S. District Judge Charles Kocoras in Chicago ruled that reasonable consumers would not interpret “farm fresh” to imply that hens were raised in open, grassy areas and not in cages. The plaintiff, Adam Sorkin, argued that he paid a higher price for “farm fresh” eggs sold under the Roundy’s label at Mariano’s Fresh Market, both of which are owned by Kroger, and claimed he would have either spent less or avoided purchasing them if he had known their true origin.

In his dismissal of the proposed class action, Judge Kocoras noted that “farm fresh” should not be confused with terms like “cage-free,” “free-range,” or “pasture-raised,” which describe the living conditions of hens. He stated, “The court agrees with Kroger that no reasonable consumer would plausibly associate free-roaming hens on a grassy, open field with the term ‘farm fresh.'” He clarified that “Farm Fresh Eggs” refers to the eggs’ origin and freshness, and nothing more.

Sorkin’s legal representatives did not respond immediately to requests for comments following the ruling. Kroger and its legal team also did not provide a response.

The lawsuit, filed last October, came eight months after a report by the nonprofit organization Data for Progress called for more transparency about the origins of Kroger’s eggs. This report surveyed 646 Kroger customers, revealing that 41% believed “farm fresh” meant the eggs were cage-free, while 14% understood that cages were used, and 45% were unsure.

The case is Sorkin v. Kroger Co., U.S. District Court, Northern District of Illinois, No. 23-14916.