Customer accuses Wal-Mart of false advertising

By Noddy A. Fernandez | Mar 14, 2018

SAN FRANCISCO — A customer has filed a class action lawsuit against Wal-Mart, alleging false advertisement and unjust enrichment.

Brian Palmer of Spring Valley, California, on behalf of himself and all others similarly situated, filed a complaint March 2 in U.S. District Court for the Northern District of California against Wal-Mart Stores Inc. and Cal-Maine Foods, Inc., alleging violation of the California Unfair Competition Law and the Consumers Legal Remedies Act.

According to the complaint, Palmer and a class of consumers pay a significant premium for eggs distributed and sold by Wal-Mart because the eggs are marketed as coming from hens with outdoor access. However, Palmer says, in a recent investigation it was demonstrated the Cal-Maine hens that supply these private label eggs for Walmart do not actually have access to the outdoors. 

The suit says Cal-Maine confines its laying hens to industrial barns with enclosed structures, and the animals never set foot out into the pasture surrounding the industrial barns. 

The plaintiff alleges Wal-Mart Stores and Cal-Maine Foods made false advertisement, saying its farm-fresh eggs have been laid by hens with outdoor access. The suit says the defendants have failed to meet their basic obligation of truthfulness to consumers.

Palmer seeks trial by jury, return all monies paid to the defendants, attorney fees, court costs, pre- and post-judgment interest and all other just relief. The plaintiffs are represented by attorneys Elaine T. Byszewski and Steve W. Berman of Hagens Berman Sobol Shapiro, LLP in Pasadena.

U.S. District Court for the Northern District of California case number 3:18-cv-00459-DMS-KSC

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