100% Natural chicken claims might mislead about antibiotics and other features

Friends of the Earth v. Sanderson Farms, Inc., 2018 WL 7197394, No. 17-cv-03592-RS (N.D. Cal. Dec. 2, 2018)FOE sued Sanderson, alleging FAL and UCL claims against Sanderson’s “100% Natural” advertising for its chicken, in particular that that the ads falsely and misleadingly suggest that its process and resulting product meet reasonable consumer expectations for “natural” poultry, including: (1) no pharmaceutical residues remain in the product; (2) pharmaceuticals, including antibiotics, are not routinely administered to the chickens during the majority of their lives; (3) Sanderson is not contributing to the spread of antibiotic-resistant bacteria; and (4) Sanderson chickens were raised in natural conditions, such as going outdoors.The court found the complaint sufficient insofar as it alleged that Sanderson’s advertisements and statements describe “natural” “in a way that confuses consumers as to whether the chicken…

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