COK Takes Egg Industry to Court for Consumer Fraud & Exposes Cruel Conditions inside New Jersey Egg Factory Farm

February 20, 2008

Continued use of misleading "Animal Care Certified" logo documented on egg cartons in five states

March 31, 2006 marked the last day the United Egg Producers (UEP) could advertise its deceptive "Animal Care Certified" logo. Starting April 1, 2006, all claims and logos relating to "Animal Care Certified" were to be removed from all advertisements, including egg cartons—at least according to two agreements that the industry trade group signed with the Federal Trade Commission as well as with Attorneys General in 16 states and the District of Columbia. (Read the Background section below to learn more about the "Animal Care Certified" program and logo.)

As recently as February 19, 2008—almost two years after the agreed-upon deadline—COK has documented egg cartons bearing the "Animal Care Certified" logo being sold on stores shelves in New Jersey. Further evidence recently obtained by COK reveals more widespread violations: the "Animal Care Certified" logo is also being marketed on egg cartons in New York, Pennsylvania, Connecticut, and Delaware. The packaging on these cartons identifies the eggs' origin: ISE America in New Jersey, an egg factory farm and packing plant with more than one million hens confined inside barren wire battery cages.

COK Exposes Cruel Conditions inside ISE America

In 2007, a COK investigator worked inside ISE America's facility in New Jersey painstakingly documenting the day-to-day miseries forced upon these caged birds. As the undercover video reveals, the horrific conditions in this egg factory farm are a far cry from what most consumers would consider "Animal Care Certified." The footage shows birds overcrowded in cages, severely decomposed birds left in cages with live birds, ill birds denied individual veterinary care, and hens stuck in between the wires of their cages, unable to access food or water.

Learn how you can help these and other egg-laying hens.

COK Takes Action to Stop Continued Use of Misleading Logo

On Feb 20, 2008, Compassion Over Killing (COK) and an egg consumer filed a lawsuit in the Middlesex County Superior Court of New Jersey against the industry trade group United Egg Producers (UEP) and ISE America, a New Jersey egg factory farm, alleging violations of consumer protection laws based on the continued use of the misleading "Animal Care Certified" logo on egg cartons. COK is represented by Egert & Trakinksi, a law firm specializing in animal protection issues.

COK has filed additional complaints with both the New Jersey and New York Attorneys General alerting them to the continued use of the claim and urging them to take action on behalf of consumers in their states.

"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' right not to be deceived," states Cheryl Leahy, general counsel for Compassion Over Killing. "Looking at its notorious record on both animal cruelty and consumer fraud, it's clear that the egg industry has again proven that it's simply incapable of regulating itself."

Read COK's press release.

Read the Associated Press' Feb. 20 wire story about this lawsuit.

Background & "Animal Care Certified" Timeline

The UEP's "Animal Care Certified" logo first came under scrutiny in June 2003, when Compassion Over Killing filed petitions with the Better Business Bureau and the FTC, as well as other federal agencies, asserting that the logo stamped on egg cartons by participating producers misled consumers. "Animal Care Certified" (now called "United Egg Producer Certified") is a voluntary program developed by the UEP setting forth animal husbandry guidelines that allow egg factory farmers to confine hens inside barren wire battery cages so restrictive the birds can barely move, let alone engage in some of their most basic behaviors, such as nesting, perching, or even walking. The UEP's guidelines recommend affording only 67 square inches of cage space per hen—smaller than a sheet of letter-sized paper. In essence, this voluntary program sets forth animal husbandry guidelines that in many ways codify industry norms and essentially represents the factory-farming practices many concerned consumers wish to avoid.

In 2003, and again upon appeal in 2004, the Better Business Bureau deemed the "Animal Care Certified" logo misleading because it implied a greater level of humane care than is actually the case. Despite this ruling and the BBB's recommendations, the logo continued to appear on egg cartons nationwide. In August 2004, the BBB referred the matter to the FTC for potential legal action against the UEP.

In September 2005, the FTC announced that, per an agreement with the UEP, the "Animal Care Certified" would no longer be used after March 31, 2006, and the program name was officially changed to "United Egg Producers Certified."

In September 2006, a year after it signed an agreement with the FTC, the UEP signed an agreement with Attorneys General in 16 states and the District of Columbia, plus paid a $100,000 fine, to settle false advertising claims relating to "Animal Care Certified." This agreement reiterated that the logo and claim would no longer be used after the March 31, 2006 deadline and further stated that the UEP would take all steps necessary to ensure the removal of the logo.

Despite all of these efforts, the egg industry's deceptive "Animal Care Certified" logo continues to appear on cartons—and consumers continue to be deceived.

Review COK's complete "Animal Care Certified" timeline, including links to previous undercover investigations inside egg factory farms.

More than 85 percent of the nation's egg producers are certified under the UEP's voluntary program. Presently in the U.S., there are more than 250 million egg-laying hens intensively confined inside wire battery cages.

What You Can Do

• Choose egg-free foods: The best way each of us can help laying hens is to leave their eggs out of our shopping carts. Get free eggless recipes or order your free Vegetarian Starter Guide today!
• Tell your friends & family: Share this site with others to let them know about the cruel conditions forced upon egg-laying hens, the egg industry's deceptive advertising, and what they can do to help.
• Look for the logo: COK has recently documented the ACC logo in five states: NJ, NY, PA, CT, and DE. If you see the logo in a store near you, please let us know! Call us at 301-891-2458 or email us at info--at--cok.net.
• Support our effort to mandate truth in labeling on egg cartons! Write a letter to the FDA urging the federal agency to require egg producers to clearly identify "eggs from caged hens" on all cartons sold in the U.S.