By Jonathan Stempel
(Reuters) -Eggland's Best, one of the largest U.S. egg producers, has been sued for falsely claiming that its eggs contain less saturated fat than other eggs.
The proposed class action filed on Tuesday in federal court in Chicago by Richard Vilchis challenges Eggland's Best's claim on its packaging that its eggs contain "25% less saturated fat than regular eggs."
According to the complaint, Eggland's Best claims its eggs contain 1 gram of saturated fat per 50-gram serving, compared with 1.5 grams for regular eggs.
But the complaint said independent testing last August by San Francisco-based Anresco Laboratories, which was hired by Vilchis' lawyer, showed that Eggland's Best eggs contain 2.84 grams of saturated fat per 50-gram serving.
Consuming too much saturated fat can increase cholesterol levels and the risk of heart disease.
Vilchis, a Chicago resident, said Eggland's Best's "false, misleading, and deceptive" marketing claim deceives consumers like him into paying more because they believe its eggs are better for their health.
"No reasonable consumer would interpret Eggland's Best's on-label representation about saturated fat content to mean that the products actually contain more saturated fat than 'regular eggs,'" the complaint said.
Eggland's Best is a cooperative.
"We fully stand behind our product claims, which are supported by rigorous quality control measures including approximately 75,000 laboratory tests per year," it said in a statement. "Eggland's Best remains committed to providing a superior nutritional product for its consumers."
Cal-Maine Foods (NASDAQ:CALM), the largest U.S. egg producer and a member of the cooperative, did not immediately respond to requests for comment.
Vilchis' lawyer P. Renee Wicklund, a lawyer at Richman Law & Policy, did not immediately respond to similar requests.
The complaint seeks unspecified damages for egg purchasers for violations of Illinois laws against consumer fraud and deceptive trade practices.
Saturated fats occur naturally in many foods including meats, dairy, butter and some oils. Other foods such as vegetables and whole grains contain less.
The American Heart Association recommends that no more than 6% of calories come from saturated fat.
That equates to 13 to 17 grams of saturated fat for people who consume 2,000 to 2,500 calories a day.
In 1996, Eggland's Best paid a $100,000 civil fine to settle with the Federal Trade Commission over cholesterol-related claims in its marketing.
The case is Vilchis v Eggland's Best Inc et al, U.S. District Court, Northern District of Illinois, No. 24-02073.