Kroger eggs are labeled “farm fresh” because they come from a farm, and that is good enough for U.S. District Judge Charles Kocoras, reports Reuters.
Last year, consumer Adam Sorkin sued the Cincinnati, Ohio-based retailer after he bought farm fresh eggs because he thought the hens were uncaged and living on farms with plenty of open green space. He said he would not have paid extra for the eggs if he knew the hens were caged.
Sorkin’s lawsuit said the marketing term “farm fresh” was misleading, but on Tuesday, Judge Kocoras dismissed the case because the eggs did indeed come from a farm even though it did not meet Sorkin’s definition.
“No reasonable consumer would plausibly spin free-roaming hens on a grassy, open field from the term ‘farm fresh,’” Kocoras said in his decision. “‘Farm Fresh Eggs’ means precisely what it says: The eggs are fresh from a farm. It is about origin and timing, nothing more.”
Kroger did not respond to a request for comment in time for publication of this story.
In April 2023, the state of Michigan’s attorney general wrote a letter to Kroger asking the grocer to clarify its “farm fresh” messaging through clear signage in stores to help shoppers determine which eggs come from caged hens.
According to Cracking Down on Kroger, a report put together by Data for Progress, Kroger shoppers believe eggs marked as “farm fresh” come from cage-free hens. When asked if Kroger should post signs informing that certain eggs were produced by caged hens, 53% said yes. That number increases to 66% among Latinos and 65% among those under the age of 45.
In response to consumer pressure, in 2016, Kroger said its goal was to transition to 100% cage-free eggs by 2025.
