Following the August 2019 dismissal of a lawsuit brought by advocacy groups alleging similar facts, a group of consumers has filed a putative class action alleging that Sanderson Farms Inc. misleads consumers by marketing its chicken as “100% Natural.” Lentz v. Sanderson Farms Inc., No. 19-6570 (N.D. Cal., filed October 11, 2019). The complaint alleges that “Sanderson’s advertising misleads consumers in four ways,” including representations that (i) the chickens “were not given antibiotics or other pharmaceuticals,” (ii) the chickens “were raised in a natural environment,” (iii) “there is no evidence that the use of antibiotics and other pharmaceuticals in poultry contributes to the evolution of antibiotic-resistant bacteria” and (iv) the chicken products “do not contain any antibiotic or pharmaceutical residue.”

A previous case brought by two advocacy groups was dismissed because of a lack of standing; the court found that the groups could not show sufficient injury because “they were incurring ordinary program costs [advocating against antibiotics in poultry] regardless of Sanderson’s advertising.”

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