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Changed Labeling Practices in “Humanely Raised” False Advertising Class Action

Outcome: Changed Practices in Product Labeling

Anna Ortega v. The Kroger Co, Case No.: BC536034 in the Superior Court of California, County of Los Angeles

In a significant legal settlement, The Kroger Co. has agreed to remove the “raised in a humane environment” claim from its Simple Truth chicken packaging. This decision comes after a class action lawsuit was brought against Kroger by a California resident represented by the animal rights organization Compassion over Killing and co-counsel Tycko & Zavareei LLP. The plaintiff alleged that the store-brand chicken products’ labeling misled consumers into believing that the chickens were treated more humanely than other mass-produced chickens, thereby justifying a higher price point.

Though Kroger and its supplier, Perdue, maintained that their practices were appropriately represented and ensured the humane treatment of animals, they chose to settle the case to avoid prolonged litigation. With this agreement, the packaging will henceforth reflect a more accurate representation of the product. The settlement includes a stipulation that the change on the Simple Truth chicken labels will be implemented within the 12 months after the settlement is finalized.

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