For immediate release:
March 4, 2022

Megan Wiltsie 202-483-7382

new York – Based on the facts, legal arguments, and established precedent in the class action lawsuit represented by the PETA Foundation against Pete and Gerry’s Organics, owner of Nellie’s Free Range Eggs, a federal judge has authorized a new class action lawsuit against the company to go forward in New York. Below, please find a statement from PETA Foundation General Counsel Asher Smith:

This consumer wasn’t the first to feel betrayed by cartons of eggs depicting happy hens in wide grassy fields instead of the reality of miserable birds in crowded sheds, because PETA on display at a Nellie supplier, and it certainly won’t be the last. This decision will likely keep the humane laundry lawsuits going against Nellie’s and any other company trying to make hellish barns look like hen heaven.

PETA eyewitness video footage from an egg supplier to Nellie showed that some 20,000 hens were crammed into a single crowded shed and were rarely able to set foot outside, while Nellie claims the hens “roam where they want” and “have a easy access to the outside”. The Whole Foods buyers who had purchased Nellie’s eggs and looked at PETA images answered saying they felt “betrayed” and that the company’s marketing claims were “false advertising”, “really misleading”, “really shitty”, “disgusting” and “another big lie”.

Just this week, a federal court judge allowed PETA Foundation lawyers’ false advertising lawsuit against another egg company, Vital Farms, to proceed. Among other issues, the lawsuit alleges that many birds in Vital Farms’ supply chain spend most or all of their time indoors, not on “pasture,” as the company claims.

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