Happy Egg Co. Falsely Claims Eggs Are Pasture Raised, Class Action Alleges

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A proposed class action alleges The Happy Group has falsely and deceptively claimed that its eggs are pasture-raised when they should more accurately be described as “free range.” 

The 26-page complaint contends that although The Happy Group’s product labels relay to consumers that its eggs are produced by hens who have ample space to roam and forage outside on acres of pasture during the day, which purportedly helps produce higher-quality, better-tasting eggs, the company’s eggs actually come from hens who spend very little, if any, time outside.

According to the suit, The Happy Group’s eggs should more accurately be advertised as “free range,” given the hens that produce them are afforded neither the outdoor foraging space, diet nor general welfare to be truthfully considered “pasture raised,” which the lawsuit stresses is the “gold standard” for eggs. The lawsuit alleges that The Happy Group’s hens, when compared to true pasture-raised hens, are raised in “cramped, stressful environments, lacking meaningful access to roam and forage on pasture.” 

The case claims the Happy Group has misrepresented its eggs as pasture-raised as a means to maximize profit given lower-quality free range eggs are “cheaper and easier to produce.” 

The filing contends that The Happy Group’s prominent use of the term “pasture” on product labels, namely those for its “Free Range on Pasture,” “Heritage Free Range on Pasture,” “Organic Free Range on Pasture” and “Organic Free Range Pasture Raised on Over 8 Acres” eggs, taken in isolation and as a whole, gives consumers the “unmistakable impression” that the eggs are pasture-raised and of a higher quality than they actually are. 

“THG systematically uses the well-known ‘pasture’ terminology in order to deceive consumers,” the case alleges. “Indeed, there is no plausible reason for THG to use the term ‘pasture’ to describe its free range eggs other than to propagate the misconception that the Eggs are pasture raised.” 

The case relays that the term “pasture” has a specific meaning within the egg industry and to consumers given certain environmental conditions must be met in order to truthfully represent that eggs are pasture-raised or raised on pasture. Whereas cage-free and free-range eggs are the two lower tiers of eggs, pasture-raised eggs are the “gold standard” in that the hens that produce them go outside and are exposed to sunlight and fresh air and allowed to forage in fields, the suit states. Pasture-raised hens must be provided with at least 108 square feet of open field space per hen to roam, or 10 acres for every 4,000 hens, the lawsuit says.

“In stark contrast, free range hens need only be provided with 21.8 square feet per hen, or just 20% of the open space that pasture raised hens are afforded,” the suit reads, stressing that the additional space is crucial to the health and happiness of the animals. “Hens that are densely packed amongst each other are prevented from engaging in natural behaviors, such as extending their wings, stretching their necks to forage, moving about, dust bathing, and properly roosting and resting.” 

Secondly, the fields or pastures on which pasture-raised hens roam must consist mainly of living vegetation, which requires the active management of the fields in order for vegetation to continually grow and regrow, the case goes on. Moreover, pasture-raised hens must be outdoors year-round, and can be confined to a barn for a total of two weeks out of the year and only during inclement weather, according to the suit. 

In sum, pasture-raised hens have an overall higher quality of life than their free-range counterparts, the lawsuit relays: 

“They are given approximately 500% more outdoor space per hen, their outdoor space must consist of live vegetation, and they are provided outdoor space for approximately 400% more days per year. Collectively, this provides pasture raised hens with living conditions that most closely resemble their natural environment. Having exposure to sunlight and fresh air, eating a diet that includes seeds and insects, and being able to engage in natural behaviors, is foundational to the hens’ happiness and wellbeing. As discussed below, these hens also produce higher quality eggs as a result.” 

Notwithstanding The Happy Group’s “pasture raised” representations, none of the company’s eggs are pasture raised, the lawsuit alleges. According to the complaint, the defendant’s hens are given only average daytime access to an outdoor area of roughly 21.8 square feet per hen, well short of the 108.9 square feet of space per hen that must be provided in order to call their eggs pasture raised. Moreover, while The Happy Group has previously acknowledged that it maintains half an acre per 1,000 hens, the pasture-raised standard requires 2.5 acres of outdoor space per 1,000 hens, the case attests. 

“In other words, the pasture raised standard requires approximately 500% more outdoor space than provided by THG to its hens,” the suit says. “Further, THG does not provide its hens with access to live vegetation, nor does it provide year-round outdoor access, in compliance with the pasture raised standard.” 

The lawsuit looks to represent consumers in California who have bought any of The Happy Group’s eggs within the applicable statute of limitations period. 

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