Roundy’s Eggs Deceptively Labeled as ‘Farm Fresh,’ Kroger Class Action Claims

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A proposed class action alleges Kroger has deceptively labeled eggs sold under its Roundy’s brand as “Farm Fresh” given that they’re sourced from caged chickens in large-scale industrial settings.

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The 12-page lawsuit was filed by an Illinois consumer who says he has, on several occasions, purchased the supposedly “farm fresh” Roundy’s eggs at Mariano’s locations in Cook County with the belief that the eggs were produced by chickens living a natural life on a farm. However, the case claims that, in reality, the eggs are obtained from battery cage systems where hens “live short lives” packed into small cages and are given minimal access to the outdoors.

The complaint explains that in these environments, it’s typical for up to 11 chickens to share an 18-by-20-inch cage, which prevents them from engaging in “critical natural behaviors” they would otherwise perform on an actual farm, such as spreading their wings, perching, walking or dust bathing.

“Not only is this cruel to the hens,” but food safety, consumer protection and public health organizations have raised concerns that battery cage systems increase the risk of salmonella and other diseases, the suit says.

As such, the case contends that the “farm fresh” representation on Roundy’s eggs—which are sold at Kroger-owned supermarket chains Pick ‘n Save, Metro Market and Mariano’s—is likely to mislead buyers who wrongly understand this term to mean “cage-free.”

In fact, the lawsuit cites an independent study published by Data for Progress in February 2023 that found that 41 percent of Kroger customers think the “farm fresh” label means the eggs come from chickens not confined in cages. 

Following the release of this report, Michigan Attorney General Dana Nessel urged Kroger to “add clear signage to your stores to help consumers understand which eggs, exactly, came from caged chickens and which did not, so as to help them be able to make informed choices on how they spend their hard-earned dollars,” the complaint relays.

Per the filing, the plaintiff and other consumers would not have bought Roundy’s eggs, or would have paid less for them, had they known the eggs were misleadingly advertised as “farm fresh.” 

The lawsuit looks to represent anyone in Illinois who, during the applicable statute of limitations period, purchased Roundy’s eggs labeled as “Farm Fresh” at any of Kroger’s subsidiary grocery stores.

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