Pasture-Raised Eggs Labels Mislead Shoppers: Lawsuit

BROOKLYN, NY— Pete & Gerry’s Organics, one of the country’s largest egg sellers, faces a proposed class-action lawsuit accusing the company of misleading consumers about its pasture-raised eggs.

The lawsuit, filed Sept. 9 in federal court in Brooklyn, alleges hens producing Pete & Gerry’s pasture-raised eggs are kept in crowded barns and, in some cases, cannot reach the outdoors despite the company’s packaging and advertising promising ample outdoor space.

The complaint comes from Adriana Diaz, a New York consumer who said she bought a 12-count carton of Pete & Gerry’s nonorganic pasture-raised eggs for about $5.59 through Amazon in December 2025.

She alleges she paid a premium because she believed the hens had meaningful access to pasture.

The lawsuit seeks damages for consumers, refunds and changes to the company’s marketing.

Pete & Gerry's Organics did not respond to Patch's request for comment.

What Does “Pasture Raised” Mean To Shoppers?

Pete & Gerry’s cartons prominently state “PASTURE RAISED” and advertise “ROOM to ROAM 108 SQ FT PER HEN.”

The packaging also shows hens outdoors in green fields, according to the complaint.

The company’s website describes its pasture-raised hens as having expansive outdoor access where they can roam, forage and explore.

Asher Smith, general counsel for litigation at the PETA Foundation, said customers in the grocery aisle are entitled to rely on what product labels actually tell them.

Instead, the complaint alleges, some supplier farms house as many as 20,000 hens in a single building, with each bird allotted only about 1.2 or 1.5 square feet of indoor floor space under the company’s standards.

What Did The Drone Footage Show?

The lawsuit centers on drone surveillance conducted at two farms identified as Pete & Gerry’s suppliers.

During surveillance at the first farm in April, footage captured several hours of activity on a day the complaint says met the company’s stated conditions for outdoor access. No hens appeared outside, even though small exit doors stood open, according to the lawsuit.

At a second farm, surveillance in May lasted about two hours. The complaint says only a small number of hens left thebarn, gathering near the exits and moving into an outdoor area it describes as mostly barren, with visible tire tracks and little grass.

“Rather than lush green fields, what the drone footage saw is barren space covered by tire tracks, with birds barely outdoors," Smith said.

When Can The Hens Go Outside?

Smith said Pete & Gerry’s standards allow outdoor access to be restricted when temperatures fall below 45 degrees or rise above 93 degrees, during rain or snow, when standing water is present, while hens are laying their first eggs and during periods of heightened concern about avian influenza.

Even under favorable conditions, the lawsuit alleges, outdoor access can be limited to about six hours a day.

The complaint also alleges the company’s standards allow thousands of hens to remain together in crowded indoor facilities, making outdoor access difficult even when doors are open.

What Does The Lawsuit Seek?

The case seeks to become a class action representing consumers who bought Pete & Gerry’s pasture-raised eggs for personal use.

The proposed classes would include consumers nationwide, New York consumers and consumers in several states with similar consumer-protection laws.

The complaint seeks refunds or other monetary damages, repayment of alleged overcharges, attorneys’ fees and changes to Pete & Gerry’s marketing. It also asks a judge to require corrective advertising and stop the company from selling eggs with the challenged representations.

“The hope is that there is an even bigger target on the back of anyone who sells eggs the way Pete and Gerry's does," Smith said.

The case will now proceed through the federal court system, where Pete & Gerry’s can respond to the allegations and the plaintiff can seek to establish the proposed consumer classes.