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Grocery chain Kroger has won a dismissal in a lawsuit alleging the company intentionally misled customers by putting a “farm fresh” label on eggs from caged chickens.
Chicago Judge Charles Kocoras ruled Tuesday that customers wouldn’t reasonably assume that “farm fresh” meant the same thing as “free range” or “cage free.”
“The court agrees with Kroger that no reasonable consumer would plausibly spin free-roaming hens on a grassy, open field from the term ’farm fresh,’” Judge Kocoras of the U.S. District Court for the Northern District of Illinois wrote in his ruling.
According to Judge Korcoras, the term “farm fresh” only concerns timing and location and not the hen’s living conditions.
The suit emerged last year when Adam Sorkin sued Kroger-owned grocery chain Mariano’s after reading a report from Data for Progress that called for more transparency on where the parent company sources its eggs.
In his complaint, Mr. Sorkin said he was duped into paying more for the “farm fresh” eggs because he thought they were higher quality. He went on to say he would have paid less or not bought the eggs had he known of their origins.
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