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Are Nellie’s Eggs Really “Free Range?”

Nellie egg boxWith egg prices going through the roof at the moment, some companies still promote premium-priced eggs because they are seemingly raised in a more humane way such as those that are “cage-free” or “free range.”

One such company, Nellie’s, sells Free Range eggs and claims in this video that unlike other egg farming factories that house their hens in overcrowded warehouses…

“Our free-range hens get to live their lives like real hens, with access to pasture everyday in good weather. Our hens can spread their wings, forage in the fields, or scratch in the dirt.”

Nellie's pasture

Even on their [previous] box, the company claims that their chickens “get to peck, perch, and play on plenty of green grass.”

Nellie box claim

But, a class action lawsuit says that a more accurate depiction of the everyday conditions Nellie’s hens face is this, taken from a PETA video:

*MOUSE PRINT:

Nellie hens

The complaint alleges:

… the conditions in Defendant’s henhouses are virtually indistinguishable as those from the example they show as being not “Free Range” where hens are essentially “liv[ing] inside a space much like a large overcrowded warehouse.” Nellie’s itself describes this as a “grim existence” for these hens. But contrary to its packaging representations, that is precisely how Nellie’s own hens live.

Defendant’s hens can only get outside through small hatches cut at intervals along the sides of the shed. The hatches are closed all winter and during inclement weather. In pleasant weather the hatches are closed at night and are not opened until 1 pm the next day.

Because of this overcrowding and limited time that the hatches are open, many of Defendant’s hens are unable to ever access the hatches or the outdoor space.

The lawsuit, therefore, alleges false and misleading claims are being made by the company. A couple of months ago, a judge denied the company’s motion to dismiss the case. Here is a little more about the case and the judge’s initial ruling.


Godiva Case Update

Back in December we told you about a class action case filed by consumers against the Godiva chocolate company for misleading customers into believing that their expensive delicacies were made in Belgium when in fact they are manufactured in Pennsylvania. (See our original story.)

Now a judge has approved a negotiated settlement between the parties giving consumers who purchased Godiva products between 2015 and 2021 up to a $25 refund with proof of purchase. Several state AGs objected saying the terms of the settlement did not benefit consumers enough, but the judge denied their claims. Oddly, the deadline for filing claims passed before the judge made his final ruling.

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Nuggs: Fake Chicken Nuggets With a Funny Bone

Just in time for April Fools’ Day this week, a company called Simulate has created a catchy slogan to promote their plant-based chicken nuggets.

Nuggs

Since chicken nuggets are not exactly a health food even if plant-based, the company just comes right out and says it in big type:

NOT *MOUSE PRINT:

Nuggs slogan

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Goli Gummies Dealt Bitter Pill on Claims

Recently the National Advertising Division (NAD) of Better Business Bureau National Programs came down hard on Goli Nutrition, the maker of those apple cider vinegar (ACV) gummies that are advertised on TV and on their website.

The product seemed like a sweet alternative for those who take several doses a day of traditional liquid ACV to control their acid reflux. Even diluted with water, drinking ACV is not pleasant.


Goli 3 times a day

Given the small dose recommended by the company, of particular concern were their broad claims like, “Finally a delicious way to get all the benefits of apple cider vinegar.”

*MOUSE PRINT:

In its decision

NAD recommended that the advertiser discontinue or modify its advertising to avoid conveying the unsupported message that the amount of ACV contained in its gummies is associated with the health benefits of traditional liquid ACV.

Further, NAD found that the recommended dosage statement, “1 to 2 gummies 3x day,” in the context of its advertising conveyed the unsupported implied message that the recommended dosage provides the nutritional and health benefits associated with the recommended dose of traditional ACV and recommended it be discontinued.

During the proceeding before the NAD, Goli agreed to voluntarily discontinue the claim it made in several of the challenged advertisements that two Goli gummies were the equivalent of one dose of traditional apple cider vinegar. Nonetheless, it is appealing NAD’s decision. But that is not the end of the controversy for Goli. These and other issues are supposedly the subject of pending federal litigation.