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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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Anheuser-Busch Settles “Lime-a-Rita” Case

With the popularity of margaritas, sangrias, mohitos and other specialty cocktails, it is no wonder that big beverage companies would want to mass market some of those drinks. And that is exactly what beer giant Anheuser-Busch did by introducing the “Ritas” brand of drinks like “Lime-A-Rita,” “Ritas Sangria Spritz,” and “Ritas Mohito Fizz.”

Lime-a-Rita

There was just one problem according to a couple of class action lawsuits [second lawsuit] filed against the company.

*MOUSE PRINT:

…reasonable consumers of the Margarita Products expect that based on the word “MARGARITA” on the package of the Margarita Products the products would contain tequila. This belief is further reinforced by the image of a salted margarita glass on the packaging.

However, unbeknownst to those consumers, the Margarita Products do not contain tequila.

Moreover, nowhere on the front, sides, or top panel of the packaging (the consumer facing panels) does Defendant state that the Margarita Products do not have tequila, or that the Margarita Products are actually just flavored beers that taste like a margarita. Instead, the bottom panel of the packaging, where no reasonable consumer would look prior to purchase, contains a small font statement that the Margarita Products are actually “Malt Beverage[s] With Natural Flavors and Caramel Color”.

In any event, to the extent seen on the underside packaging, reasonable consumers are unlikely to understand the foregoing “malt beverage” statement as meaning that the Margarita Products do not contain tequila…

So this margarita drink which most consumers would expect to contain tequila, has none. And the only disclosure about that is on the bottom of the carton, where consumers are not likely to look nor understand that fact based on the wording there.

The plaintiffs also allege that the company’s sister products don’t contain the specialty alcohol normally associated with that type of drink. So, their sangria doesn’t contain red wine, and their mohito doesn’t contain rum. Basically, these products are all just flavored beers. That means, according to the consumers’ lawyers, that Anheuser-Busch mispresented these products in violation of consumer protection laws.

In a bit of legal maneuvering, one of the cases was withdrawn and the other was just tentatively settled. Details of the settlement were not available at publication time.

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Thanks for Nothing – Deal or No Deal Edition

Welcome to a special “Deal or No Deal” edition of our popular “Thanks for Nothing” series. All these sellers make you think they’re having a big sale or making a great offer, but that may not be the case in reality.

Big Ham Sale at Aldi

Just in time for Easter a few weeks ago, Aldi’s featured sale item was their spiral sliced ham. But depending on where you lived, you either got a deal or no deal.

*MOUSE PRINT:

Aldi ham sale

We invited the president of Aldi to discuss these price differences, but never heard back from him. So, for the folks in Boston, Long Island, Miami, and Kansas City who were charged almost twice the price for Easter hams, thanks for nothing, Aldi… no deal.


CapitalOne $200 Annual Cash Bonus

A big fancy envelope from CapitalOne was proclaiming a $200 annual bonus if you signed up for their business credit card.

*MOUSE PRINT:

CapitalOne $200 bonus

Inside, the truth — you only get the bonus when you spend $200,000 a year. Thanks for nothing, CapitalOne… no deal. But hat tip to David B. for submitting this ad.


Groupon — Save Extra With Promo Code

Who doesn’t like to save a little extra money when buying a sale item and then getting an additional discount if you apply a coupon or promo code online? Recently, Groupon offered such an extra bonus on an oil change.

*MOUSE PRINT:

Groupon penny off

What… get an extra penny off? Thanks for nothing, Groupon… no deal.


Lowe’s — LED Light Bulb Clearance Sale

Nothing perks up a bargain hunter’s ears like a good clearance sale. For some reason, Lowe’s was practically giving away certain LED light bulbs recently, but there was one small problem.

*MOUSE PRINT:

Lowe's lightbulbs

You could neither pick-up nor order the two-cent bulbs. Thanks for nothing, Lowe’s… no deal.


Target — 50% Off Grill Sale

Lowe’s is not alone in offering great deals when they don’t have any in-stock. This week (April 24) right at the beginning of grilling season, Target advertised a great Internet only half price sale on this Char-Broil grill.

*MOUSE PRINT:

Target grill

The trouble is that it is not available for pickup, delivery, nor for shipping. Maybe you’ll be luckier in your state. But in the Boston area, thanks for nothing, Target… no deal.


Quantity Discount on Lay’s Chips

More and more sellers are either requiring the purchase of multiple items in order to get the sale price or are giving you a bulk discount on each item the more you buy. Whatta deal this guy is offering.

*MOUSE PRINT:

Lay's Wavy Chips

Who could resist a deal to save $36 a bag when Lay’s chips are only $326.69 each in quantities of three? Thanks for nothing, third-party seller… no deal.


If you find an ad suitable for inclusion in our “Thanks for Nothing” series, please send it to: edgar (at symbol) MousePrint.org . Thanks.

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