Lawsuit against United Egg Producers for consumer fraud

It has been reported that Compassion Over Killing (COK) are filing a lawsuit in New Jersey against the industry trade group United Egg Producers (UEP) and ISE America, a New Jersey egg factory farm, against the apparently misleading “Animal Care Certified” logo on egg cartons that the UEP agreed to stop using by April 2006.

“Animal Care Certified” is a voluntary programme developed by the UEP that sets animal husbandry guidelines that in many ways codify industry norms and essentially represents the factory-farming practices many concerned consumers wish to avoid, allows egg farmers to make use of battery cages.

The UEP’s “Animal Care Certified ” logo first came under scrutiny in 2003, when the Better Business Bureau deemed the claim misleading because it conveys to consumers a message of humane animal care. The consumer protection agency upheld its ruling in 2004 upon the UEP’s appeal, though the logo continued to be widely advertised.

The UEP agreed to discontinue the “Animal Care Certified” claim pursuant to a September 2005 agreement with the Federal Trade Commission and a September 2006 agreement with the Attorneys General of the District. The settlement with the Attorneys General was accompanied by a $100,000 fine, a commitment to “take all steps necessary” to ensure removal of the logo and an agreement that any further use of the claim would constitute a violation of the state’s consumer protection laws. However, COK recently filed complaints with the New Jersey and New York Attorneys General, alerting them to the continued use of the logo in their states and asking them to take action.

COK apparently has recent documentation of the logo being advertised on egg cartons in stores in New York, Pennsylvania, Connecticut, and Delaware. According to the label, these eggs were all packaged and distributed by ISE America, an egg factory farm and packing plant with approx. 1 mln hens confined inside battery cages.

“The continued and widespread use of the misleading ‘Animal Care Certified’ logo demonstrates a blatant disregard for the federal and state agencies that have been involved in this matter and for consumers’ rights not to be deceived,” states Cheryl Leahy, from Compassion Over Killing.