Nellie’s ‘Free Range’ Egg Consumer Deception Suit Advances

The producer of Nellie’s “Free Range” eggs must keep facing a proposed class suit alleging it duped consumers because the eggs come from hens that are kept in overcrowded sheds, a federal court in New York said in an order entered Tuesday.

Constance Mogull sued Pete and Gerry’s Organics LLC, alleging that a reasonable consumer would understand “free-range” to mean hens aren’t confined and are able to move comfortably indoors and roam outdoors.

The company argued that its farming practices meet the “Certified Humane Free-Range” qualifications, rendering the challenged phrase true.

But it’s plausible that a reasonable consumer wouldn’t understand ...