Eggs with “Superior Diet” from “Humanely” Caged Hens Packaged in “Environmentally-Pleasant” Polystyrene?

Eggs with “Superior Diet” from “Humanely” Caged Hens Packaged in “Environmentally-Pleasant” Polystyrene?

Natural Shoppers Affiliation and Richman Legislation & Coverage filed a grievance towards Eggland’s Greatest on Thursday, March 14 within the District of Columbia Superior Court docket. The grievance alleges that Eggland’s Greatest, in violation of the District of Columbia Client Safety Procedures Act, deceptively markets its “Basic Eggs” with claims regarding packaging recyclability, animal welfare, and dietary superiority. 

Eggland’s Greatest, the grievance alleges, misleads shoppers by advertising its eggs as:

  • Coming from caged hens which can be “at all times dealt with … humanely” and have house “ample for regular perform and conduct.”
  • Delivered “in probably the most environment-friendly method” in polystyrene cartons which can be “recyclable” and accepted by “increasingly communities . . . of their recycling applications.”
  • Offering “Superior Diet” together with that the eggs comprise fewer energy, and fewer ldl cholesterol and whole fats, than “bizarre eggs.”

Opposite to Eggland’s Greatest’s claims that its eggs are superior to “bizarre eggs” in environmental sustainability, animal welfare, and vitamin, Natural Shoppers Affiliation alleges that Eggland’s Greatest eggs are:

  • Produced by hens raised in cages that aren’t ample for regular perform or conduct; 
  • Packaged in polystyrene that’s not “environmentally pleasant” or typically recyclable; and 
  • Not nutritionally superior to different eggs. 

To view the grievance, observe this link. A abstract of the information, as outlined within the grievance, is beneath.

When you don’t respect Eggland’s Greatest’s deceptive claims about its eggs, allow them to know by commenting on their posts on Facebook, Instagram, YouTube and Twitter.

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Eggland’s Greatest eggs are packaged in polystyrene that’s not “environmentally pleasant” or typically recyclable.

Eggland’s Greatest’s web site comprises a daring “SUSTAINABILITY” header and states that it pledges to ship its eggs to shoppers “in probably the most environment-friendly method.”

Eggland’s Greatest states that it selected to bundle its eggs in polystyrene as a result of its polystyrene foam cartons are “recyclable” and “increasingly communities are accepting this packaging of their recycling applications.”

These recyclability and sustainability representations are deceptive.

Most curbside recycling applications in the USA don’t settle for polystyrene supplies or have the aptitude to recycle them.

When despatched to a landfill, polystyrene can take 500 years to decompose and might leach chemical compounds into the encompassing surroundings.

The District of Columbia, the place we filed our grievance, and plenty of states, together with Maine, Maryland, New Jersey, New York, and Vermont have banned the sale and distribution of polystyrene foam fully, or in sure circumstances.

Particularly, the District of Columbia prohibits any “meals service entity [from] . . .promote[ing] or provid[ing] meals in expanded polystyrene meals service merchandise, no matter the place the meals shall be consumed.”

The District of Columbia equally prohibits any “retailer [from] promote[ing] or supply[ing] on the market an expanded polystyrene meals service product, expanded polystyrene container, or expanded polystyrene packing materials.”

Within the District of Columbia, polystyrene foam is just not accepted for recycling.

The Federal Commerce Fee’s (“FTC”) Inexperienced Guides state that “[m]arketers ought to clearly and prominently qualify recyclable claims to the extent essential to keep away from deception in regards to the availability of recycling applications and assortment websites to shoppers.” Particularly, when recycling isn’t extensively obtainable the place the merchandise is offered, “entrepreneurs ought to qualify all recycling claims.”

Eggland’s Greatest’s use of the phrases “sustainability” and “recyclable” and its illustration that it delivers its eggs “within the most-environment pleasant method” are deceptive as a result of they create the final impression for cheap shoppers that the packaging gives environmental advantages that it doesn’t have.

Eggland’s Greatest’s environmental and recyclability representations about its packaging are materials to shoppers who care about making environmentally acutely aware buying choices and who imagine that they’ll reduce their environmental influence by recycling the packaging.

A 2021 Amcor survey of 12,000 shoppers throughout six nations, together with United States shoppers, discovered that 78% of shoppers wish to recycle extra and discover recyclability to be the “most essential sustainability attribute for packaging.”

A 2020 McKinsey survey of United States shoppers discovered that “43 p.c of shoppers . . . say environmental influence is an especially or crucial packaging attribute when making buying choices.”

That very same McKinsey survey discovered that almost all shoppers are prepared to pay extra for sustainable packaging, and four-to-seven p.c of shoppers are prepared to pay a premium effectively above ten p.c.

That very same McKinsey survey discovered that “[m]ost shoppers would not have a powerful understanding of which packaging varieties are extra sustainable.”

A survey of 9,000 consumers throughout North America, South America, and Europe revealed in 2023 discovered that almost all of shoppers search for details about recyclability or sustainability on product packaging. The identical survey additionally discovered that 79% of shoppers are in search of merchandise in sustainable packaging and 82% are prone to buy a product primarily based on recyclable packaging claims.

Eggland’s Greatest’s advertising misrepresents the recyclability of their eggs’ packaging and misleads shoppers.

Eggland’s Greatest eggs are produced by hens raised in cages that aren’t ample for regular perform or conduct.

Eggland’s Greatest claims that its caged hens:

  • “are wholesome and have ample house, mild, air flow, water, and feed

and are shielded from harm”;

  • “are at all times dealt with and transported humanely”; and
  • stay “in cages . . . ample for regular perform and conduct.”

As our grievance states, opposite to Eggland’s Greatest’s advertising, egg-laying hens raised in standard caged programs are solely allotted, on common, 67 sq. inches per chicken. By comparability, a normal sheet of printer paper is over 90 sq. inches.

The American Veterinary Medical Affiliation (“AVMA”) states that “many pure behaviors can’t be carried out in conventionally sized [] cages.” Whereas the AVMA defines a standard cage as a “wire enclosure housing 3 to six birds,” producers generally exceed this stocking density, such that “in business manufacturing . . . birds are generally housed on the density of seven to eight birds per cage.”

The AVMA has decided that standard cages limit hens’ capability to specific their pure conduct, together with proscribing mud bathing, strolling, foraging, roosting, and nesting.

Equally, the AVMA has discovered that caged hens are unable to carry out “consolation behaviors,” equivalent to wing flapping, stretching, physique shakes, and tail wagging. Pure behaviors like nesting and roosting are not possible in caged housing.

As a result of egg-laying hens raised in battery cages are unable to specific their pure behaviors, they usually carry out repetitive, stress-induced behaviors as an alternative, like feather plucking, pecking at different chickens, and “vacuum nesting” the place a hen will “mime” making a nest.

Furthermore, in keeping with the AVMA, cages enhance the chance of hens getting trapped between wires and growing extreme foot harm ensuing from overgrown claws.

Equally, as a result of battery cages generally have mesh flooring, which locations extra stress on hens’ ft, caged hens are liable to growing toe pad hyperkeratosis, a painful situation which causes lesions.

Hens raised in battery cages are so intensely confined that they’re unable to train adequately, making them notably liable to growing osteoporosis. This downside is so widespread that one examine discovered that, on the finish of a laying cycle, 24% of all birds faraway from their cages suffered from damaged bones.

In standard cages, hens haven’t any outside entry, which will increase stress and reduces exercise. In distinction, hens who get pleasure from outside entry endure much less feather harm and footpad dermatitis, and have a greater digestive and intestine perform than that of hens saved indoors.

Generally used confinement practices within the egg business trigger poor animal welfare and limit primary motion and expression of pure behaviors in hens, which may induce excessive ranges of stress within the animals. On account of excessive confinement, hens expertise musculoskeletal weaknesses, continual illnesses equivalent to fatty liver, metabolic illnesses, and spinal compression.

Ailments equivalent to salmonella an infection persistently unfold at larger charges amongst caged hens.

Caged hens are liable to illness outbreaks because of flock dimension and better density of hens, and elements equivalent to the amount of fecal mud, presence of disease-carrying rodents, the issue of correctly disinfecting cages, the shortcoming of hens to amass pure intestine flora in wire cages, and the physiological stress because of confinement. Persistent or extended stress has been discovered to inhibit animals’ immune response to an infection, can enhance illness unfold, and might impair the immune system.

Eggland’s Greatest’s claims that its battery cages present ample house for hens to exhibit regular perform and conduct immediately contradict the rising scientific consensus regarding the detrimental welfare impacts on hens saved and raised in such circumstances of maximum confinement.

The Humane Society of the USA carried out an undercover investigation of Turner Egg Farm in Maine, which is owned by Eggland’s Greatest provider Hillendale Farms, which revealed hens that routinely endure from illness, harm, ache, and misery, are usually not dealt with “humanely,” and can’t exhibit pure behaviors.

The Humane Society’s undercover investigator documented hens (1) “confined in cages packed so tightly, the animals couldn’t unfold their wings”; (2) “pressured to share their cages with the decaying carcasses of their lifeless cage-mates”; (3) “discovered trapped by their necks, wings, and ft within the rusty wire cages”; (4) “coated in different birds’ waste”; and with (5) “bloody prolapses” and “horrendous facial abnormalities.” 

The investigator noticed “excessive ammonia saturation” within the hens’ barns. 

Photographs included within the complaint depict a few of the hens as seen by the investigator, which reveal the filthy and cramped circumstances during which the hens have been residing, in addition to hens which can be trapped and in any other case affected by prolapses and accidents inside their cages.

The egg-laying hens who lay eggs for Eggland’s Greatest are usually subjected to inhumane circumstances and routinely endure from illness, harm, ache, and misery. Eggland’s Greatest misrepresents the therapy of its egg-laying hens on its web site.

A 2021 survey of 4,292 shoppers from throughout fourteen nations, together with shoppers from the USA, discovered that these shoppers are more and more involved about animal welfare and improved therapy and circumstances for farmed animals, together with that of egg-laying hens.

That survey discovered “that almost all individuals throughout all nations eat eggs, most state that it issues to them that hens don’t endure within the course of of manufacturing the eggs they eat, and importantly, a majority of individuals in most nations . . . would like . . . to buy eggs from hens not saved in cages.”

A 2018 survey of 1,000 United States shoppers discovered that the massive majority of respondents are involved with the welfare of animals raised for meals, together with egg-laying hens, and that the welfare of those animals is essential when making buying choices.

A 2015 survey carried out by Client Experiences discovered that 84% of shoppers say that “offering higher residing circumstances for animals” is a key goal when purchasing for meals.

Shoppers are more and more involved about whether or not chickens raised for meals are handled, dealt with, and raised humanely.

A survey carried out by the National Chicken Council, an business commerce group, discovered that 46.8% of shoppers worth animal welfare when deciding to buy rooster merchandise. 

Globally, shoppers are involved in regards to the ethical implications of animal manufacturing programs on farm animal welfare and have more and more demanded moral manufacturing and refused to buy merchandise that don’t meet their animal welfare considerations.

Eggland’s Greatest’s advertising of its eggs—which suggests to shoppers that its basic eggs come from hens which can be raised in circumstances that enable for them to exhibit “regular perform and conduct” and that Eggland’s Greatest’s egg-laying hens obtain “the most effective care attainable”—misrepresents materials information which have the tendency to mislead shoppers.

Eggland’s Greatest’s eggs are usually not nutritionally superior to different eggs. 

Eggland’s Greatest falsely represents its eggs as nutritionally superior to bizarre eggs. On each bundle and on its web site, Eggland’s Greatest states that its eggs comprise “25% Much less Saturated Fats than Common Eggs.” 

Eggland’s Greatest claims that the eggs present “superior vitamin,” indicated by a “Superior Nutrition” header on the web site. Eggland’s Greatest additionally makes particular claims relating to the dietary superiority of Eggland’s Greatest’s eggs as in comparison with different eggs and gives a chart asserting that, in comparison side-by-side, the eggs present “higher vitamin” than “bizarre” (i.e., non-Eggland’s Greatest-branded) eggs.

Eggland’s Greatest’s claims of dietary superiority embody claims that (1) their eggs comprise 60 energy per egg, in comparison with 70 energy per “bizarre” egg; (2) their eggs comprise 170 milligrams of ldl cholesterol, in comparison with 185 milligrams per “bizarre” egg; (3) their eggs comprise 4 grams of fats per egg, in comparison with 5 grams per “bizarre” egg; and (4) their eggs comprise 1 gram of saturated fats, in comparison with 1.5 grams per “bizarre” egg.

Eggland’s Greatest’s vitamin representations are deceptive to shoppers.

Opposite to Eggland’s Greatest’s on-label and on-line representations, their eggs do not in actual fact comprise “25% much less saturated fats,” fewer energy, much less whole fats, saturated fats, and ldl cholesterol than different eggs, and are due to this fact not “nutritionally superior” to bizarre eggs, as these claims are understood by cheap shoppers.

Unbiased investigations have discovered that Eggland’s Greatest eggs don’t comprise fewer energy or much less whole fats, saturated fats, or ldl cholesterol than different eggs, and are due to this fact not “nutritionally superior.”

A 2016 Truth in Advertising investigation discovered that Eggland’s Greatest’s eggs contained the identical dietary worth as “bizarre eggs” with regard to carbohydrates, trans fat, proteins, monosaturated fats, vitamin A, and Omega-6 fatty acids.

Latest unbiased laboratory testing of Eggland’s Greatest’s basic eggs commissioned by our attorneys and carried out by Anresco Laboratories in August 2023 discovered that Eggland’s Greatest’s dietary claims as to energy, fats, saturated fats, and ldl cholesterol do not comport with the precise dietary worth. Particularly, that testing discovered that:

  • Whereas Eggland’s Greatest states that their eggs comprise 60 energy per serving, as in comparison with 70 energy in an bizarre egg, the unbiased laboratory examine discovered roughly 68.13 energy per serving.
  • Whereas Eggland’s Greatest states that their eggs have 4 grams of fats per serving, as in comparison with 5 grams in bizarre eggs, the unbiased laboratory examine discovered 4.93 grams of fats per serving.
  • Whereas Eggland’s Greatest states that their eggs have only one gram of saturated fats, as in comparison with 1.5 grams in bizarre eggs, the unbiased laboratory examine discovered 2.84 grams of saturated fats per serving.
  • Whereas Eggland’s Greatest states that their eggs comprise 170 milligrams of ldl cholesterol, as in comparison with 185 milligrams in bizarre eggs, the unbiased laboratory examine discovered that their eggs have 205.49 milligrams of ldl cholesterol per serving.

Eggland’s Greatest has misrepresented that their eggs comprise fewer energy and fewer fats, saturated fats, and ldl cholesterol than bizarre eggs.

Eggland’s Greatest’s eggs are usually not truly “nutritionally superior.”

Eggland’s Greatest’s claims matter to D.C. shoppers who care about buying meals with lowered energy, fats, saturated fats, and ldl cholesterol.

A 2014 survey of two,234 United States shoppers discovered that 78% of Child Boomers “thought-about the saturated fats content material in a product as a really or considerably essential driver for his or her determination whether or not they buy a product or not.”

A 2019 study reviewing eleven surveys polling greater than 2,000 people discovered that dietary and well being claims on meals packaging could make meals merchandise “appear more healthy than they’re” and such claims “can affect shoppers’ perceptions.”

A 2020 study of 1,000 United States shoppers discovered that 36% of shoppers search out “low fats” meals.

Eggland’s Greatest’s advertising of their eggs as containing fewer energy, and much less fats, saturated fats, and ldl cholesterol, and as being “nutritionally superior”—which gives shoppers with the impression that their eggs comprise dietary and well being advantages over different eggs—misrepresents the information and is deceptive.

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