When it comes to chicken, the truth isn't so simple after all.
Supermarket giant Kroger Co. faces a potential class-action lawsuit for allegedly deceiving consumers about farming practices with its “Simple Truth” brand of chicken products. A consumer in California filed a suit against the company earlier this month at a Superior Court in Los Angeles and is seeking class-action status, reported Reuters.
The suit alleges that Kroger deliberately misled consumers with labeling on its Simple Truth chicken products that claimed the animals were raised in a “cage-free” and “humane environment” when in fact, the case claims, the chickens were raised under standard commercial farming practices that involve packed pens and electrocution before slaughter.
The Simple Truth line of products are marketed as "honest, easy to understand and affordable choices"to consumers at Kroger’s stores and sold at a premium. The chickens used for the products in question were raised by Perdue, the country’s third-largest poultry producer, on behalf of Kroger, the nation’s leading grocer.
“Looking to profit from growing consumer awareness of, and concern with, the treatment of farm animals raised for meat production, Kroger engaged in a deceptive and misleading marketing scheme to promote its ‘Simple Truth’ store brand chicken as having been sourced from chickens raised ‘cage free in a humane environment’,” reads the complaint.
In order to use the term "cage free,"poultry farmers only have to prove to USDA regulators that the animals have access to the outdoors. There are no more specific regulations about how often the animals access the outdoor space or how large it must be. Animal Welfare Guidelines from the National Chicken Council, an industry advocacy group, state that commercial broiler chickens should be housed in open structures that provide less than one square foot of space per bird (about 0.80 of a square foot to be exact).
The other term in question—used widely in the grocery store meat department—is even fuzzier. Producers and marketers can decide for themselves how to use the word “humane” on livestock product labels since the USDA does not define that term under any specific regulation.
The Kroger suit highlights the difficulties consumers face in choosing products that meet their ethical and environmental expectations when the marketing terms they search for—organic, natural, humane—are, in effect, regulatory gray areas.
Responding to a request for comment, Kroger spokesman Keith Dailey told Reuters: “What we have on our Simple Truth chicken label is information for our customers that we believe is accurate, and we intend to vigorously defend our label."
A New Jersey court decision in a similar case against Perdue last year could bode well for the plaintiffs in the Kroger case. In 2010 the Humane Society of the United States filed a suit on behalf of New Jersey consumers against Perdue for "false and deceptive"marketing related to the “humane” label on its Harvestland brand of chickens. In March of last year a federal judge cleared the suit to move forward as a class-action lawsuit.
Image Credit: Kroger Co., thekrogerco.com
Lauren is a freelance writer based in New Orleans. She has covered a wide array of geographies and topics, from economic and business developments in the Arabian Gulf, to arts and culture in Turkey, to social enterprise and the microfinance sector in Southeast Asia. She's also worked on the business side of things, with two years experience in strategy and marketing at a large renewable energy firm. Keep in touch: @laurenzanolli and lauren.zanolli@gmail.com.
Read more stories by Lauren Zanolli
FAQs
The "Simple Truth" chicken products are packaged with labeling that stated the animals were raised "in a humane environment" and "cage free," according to the lawsuit. However, standard industry practice for broiler chickens is to house them inside large buildings, not cages, according to industry experts.
What is the Kroger simple truth lawsuit? ›
A final settlement approval hearing has been set for September 30, 2021 at 1:30 pm (PST). The case alleges that Kroger sells its Simple Truth brand disposable plates and bowls as compostable, yet those products contain per- and polyfluoroalkyl substances (PFAS), “forever chemicals” that do not break down over time.
Where does Kroger get its chickens? ›
Cage-free is the first issue that's not so simple: The chickens, which are raised by Perdue Farms in Kentucky, are cage-free because they're kept indoors in crowded warehouses, like almost all chickens raised for meat. The warehouses can be dark, and badly ventilated.
Is Simple Truth chicken ethical? ›
The "Simple Truth" chicken products are packaged with labeling that stated the animals were raised "in a humane environment" and "cage free," according to the lawsuit. However, standard industry practice for broiler chickens is to house them inside large buildings, not cages, according to industry experts.
Does Simple Truth chicken have hormones? ›
This product is certified organic and, therefor...
Meat and dairy ingredients must be produced without antibiotics and artificial growth promoters or hormones.
Where do Kroger Simple Truth eggs come from? ›
The Kroger Co. is bringing the world's first carbon neutral eggs to retail shelves in the United States. The grocery chain has teamed with Kipster Farms, an egg production company founded in The Netherlands, to bring the eggs to stores and e-commerce in late 2022 under Kroger's multi-billion dollar Simple Truth brand.
Is Kroger Simple Truth really organic? ›
Simple Truth® Certified Organic products are produced by organic growers and handlers certified by agencies and organizations accredited by the USDA, free from synthetic fertilizers and genetic engineering.
Is the Kroger settlement real? ›
After North Carolina and other states approved the settlement in the Spring of 2024, Kroger agreed to move to the next stage of the settlement process, in which local governments in North Carolina and other participating states are invited to join the settlement.
Where does Martha Stewart buy her chickens? ›
“I started buying mail-order chickens from Murray McMurray Hatchery, and through that I learned about the quality and beauty of each breed.
Where does Costco get chicken from? ›
Costco Raises Its Own Chickens
To cut costs, Costco opened its own 400,000-square-foot poultry processing plant in Nebraska in 2019. The plant enables the company to manage the chickens from farm to production and ensures that the birds are grown to the correct size, typically around 3 pounds.
In 2014, for instance, a lawsuit charged that Simple Truth deceived customers by claiming its chicken products were humanely raised when the animals were actually raised under standard commercial farming, according to news reports. Kroger denied the claim.
Is the chicken lawsuit legit? ›
It's not a scam, as feared by several who called The Columbian after the unexpected checks arrived. The Attorney General's Office mailed checks for $50 and $120 to 400,000 consumers across the state after settling a series of price-fixing lawsuits with chicken and tuna producers.
What happened to the chicken class action lawsuit? ›
Pilgrim's Pride Corporation, Tyson Foods, Perdue Foods, Sanderson Farms, Wayne Farms, and Koch Foods have already agreed to settle for $181 million. If you bought frozen or raw chicken any time between January of 2009 and Dec. 31 of 2020 you could be eligible for part of the settlement.
What is the Simple Truth of organic controversy? ›
In 2014, for instance, a lawsuit charged that Simple Truth deceived customers by claiming its chicken products were humanely raised when the animals were actually raised under standard commercial farming, according to news reports. Kroger denied the claim.
Did Chick-Fil-A win their lawsuit? ›
Chick-fil-A has agreed to pay $4.4 million in a settlement. Eligible customers will receive either cash or a gift card worth $29.95, the lawsuit said. Customers who placed a delivery order between Nov. 1, 2019, and April 30, 2021, are eligible.
