Eggland’s Best faces legal action in US over “misleading” recyclability claims

02 Apr 2024 --- The Organic Consumers Association has filed a complaint against Eggland’s Best in the District of Columbia Superior Court, US. The non-profit advocacy organization alleges that Eggland’s Best “deceptively markets its eggs with claims concerning packaging recyclability, animal welfare and nutritional superiority.”

The complaint asserts that the claims are unsubstantiated and mislead consumers. “Eggland’s Best eggs are packaged in polystyrene that is not ‘environmentally friendly’ or generally recyclable,” Alexis Baden-Mayer, political director of the Organic Consumers Association, tells Packaging Insights.

“Eggland’s Best’s website contains a bold ‘sustainability’ header and states that it pledges to deliver its eggs to consumers ‘in the most environmentally-friendly way.’ Eggland’s Best states that it chose to package its eggs in polystyrene because its polystyrene foam cartons are ‘recyclable’ and ‘more and more communities are accepting this packaging in their recycling programs.’”

“These recyclability and sustainability representations are misleading. Most curbside recycling programs in the US do not accept polystyrene materials or have the capability to recycle them,” Baden-Mayer says.

Packaging Insights contacted Eggland’s Best for a comment but has not received a response. 

Recyclability, welfare and nutrition
The lawsuit states that this is a “consumer-protection” case concerning “deceptive marketing representations.” The Organic Consumers Association does not seek monetary damages but an order declaring that certain District of Columbia Consumer Protection Procedures Act are violated. 

The other points made by the association include animal welfare and nutritional claims.

Eggland’s Best has promoted its eggs as coming from caged hens that are “always handled humanely” and provided with space adequate for normal function and behavior. The complaint disputes these assertions, arguing that the conditions under which the hens are raised do not allow for normal function or behavior, falling short of humane treatment standards.

Styrofoam packaging doesn’t protect eggs as well as paper cartons, claims Baden-Mayer.Eggland’s Best furthermore claims its eggs provide superior nutrition, including fewer calories and less cholesterol and total fat than “ordinary eggs.” However, the Organic Consumers Association complaint contends that there is no evidence to support these claims.

The Organic Consumers Association and Richman Law & Policy have initiated legal proceedings to “end this type of deceptive marketing directed at DC consumers.” 

Polystyrene packaging
The association’s political director explains that the District of Columbia prohibits any foodservice entity from selling or providing food in expanded polystyrene foodservice products, regardless of where the food will be consumed.

“The District of Columbia similarly prohibits any ‘retailer [from] sell[ing] or offer[ing] for sale an expanded polystyrene foodservice product, expanded polystyrene container, or expanded polystyrene packing material.’ In the District of Columbia, polystyrene foam is not accepted for recycling,” stresses Baden-Mayer.

“Eggland’s Best’s use of the terms ‘sustainability’ and ‘recyclable’ and its representation that it delivers its eggs ‘in the most-environment friendly way’ are misleading because they create the general impression for reasonable consumers that the packaging offers environmental benefits that it does not have.”

“We all know that those polystyrene containers we call ‘styrofoam’ aren’t ‘environmentally friendly’ or ‘recyclable.’ It amazes me that Eggland’s Best has come this far with these misleading claims,” he says.

“If consumers think it’s for their benefit, it’s not. Styrofoam packaging doesn’t protect eggs as well as paper cartons. It isn’t good for the environment. Not only can it not be recycled, but the manufacturing causes pollution, too.”

“When sent to a landfill, polystyrene can take 500 years to decompose and can leach chemicals into the surrounding environment. The District of Columbia, where we filed our complaint, and many states, including Maine, Maryland, New Jersey, New York and Vermont, have banned the sale and distribution of polystyrene foam entirely, or in certain circumstances,” continues Baden-Mayer. 

On-pack claims
The case unfolds the need for transparent marketing practices, particularly when consumers are increasingly concerned about environmental sustainability, animal welfare and nutritional content. 

Global market researcher Innova Market Insights announced “Honest Packaging” as a top packaging trend for 2024 as lawmakers address greenwashing concerns. Consumers are increasingly skeptical of on-pack claims, with Innova revealing that almost half (46%) of global consumers believe that environmental information on packaging is misleading. 

Meanwhile, the European Parliament recently passed the Green Claims Directive to regulate environmental marketing claims before advertising products with terms like “biodegradable,” “less polluting,” “water saving” or having “bio-based content.”

By Radhika Sikaria