Ohio Court Affirms Dismissal of Kroger “Humanely Raised” Chicken Dispute

An Ohio appeals court has affirmed a lower court decision finding that
two consumers’ mislabeling allegations against The Kroger Co. are
preempted by the Poultry Products Inspection Act (PPIA). Arnold v.
Kroger Co., No. C-150291 (Ohio Ct. App., 1st App. D., Hamilton Cty.,
order entered January 22, 2016). The consumers alleged Kroger’s
chickens were not subjected to “a humane environment” as the company
advertised and thus were not worth the premium the store charged.
The trial court dismissed the claims as preempted by the PPIA, and the
plaintiffs appealed.

The appeals court was unpersuaded by the plaintiffs’ argument that the
Food Safety and Inspection Service’s (FSIS’) inspection and approval of
Kroger’s slaughtered chickens were insufficient to determine whether the
chickens were in a humane environment while alive. “FSIS has determined
that humane treatment of poultry directly implicates its fitness for
human consumption because ‘under the PPIA, poultry products are more
likely to be adulterated if, among other circumstances, they are produced
from birds that have not been treated humanely,’ which may result in
poultry that is ‘not acceptable for human food,’” the court found.

Issue 593