The U.S. Court of Appeals for the Ninth Circuit decertified a consumer class action against The Happy Group , the producer of the Happy Egg brand, ruling that a lower court improperly certified the class without showing that consumer deception could be proven on a class-wide basis. The initial 26-page complaint alleged that although The Happy Group’s product labels relay to consumers that its eggs are produced by hens who have ample space to roam and forage outside on acres of pasture during the day, which purportedly helps produce higher-quality, better-tasting eggs, the company’s eggs actually come from hens who spend very little, if any, time outside. The filing contended that The Happy Group’s prominent use of the term “pasture” on product labels, namely those for its “Free Range on Pasture,” “Heritage Free Range on Pasture,” “Organic Free Range on Pasture” and “Organic Free Range Pasture Raised on Over 8 Acres” eggs, taken in isolation and as a whole, gives consumers the “unmista...
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