So-called “greenwashing” claims have been the subject of significant activity over the last several years.  In one recent example, the Northern District of Illinois permitted a consumer class action about “cage free” eggs to proceed against Eggland’s Best over the defendant’s argument that the eggs complied with state definitions of “cage free.”  

The case, Janecyk v. Eggland’s Best, No. 24-cv-06222 (N.D. Ill. 2024), involved plaintiffs who allegedly “care[d] about animal welfare, which is reflected in their purchasing decisions,” including their decision to purchase “cage free” eggs from Eggland.  Plaintiffs alleged that they were misled by Eggland’s claims on its packaging that its hens were “free to roam in a pleasant, natural environment,” when in fact the hens were allegedly housed indoors in large industrial facilities that, while technically “cage free,” lacked outdoor access.  As a result of these misrepresentations, plaintiffs alleged they were injured by paying a price premium for the eggs that was not justified.