Simple Truth Chicken Labeling Lawsuit - Settlement Reached

Settlement Reached in Lawsuit Concerning Kroger Simple Truth Chicken Labeling

For immediate release: October 13, 2014

The Kroger Co. (NYSE:KR) and Compassion Over Killing today announced the settlement of a federal case in California concerning Kroger’s Simple Truth “raised in a humane environment” claim on chicken labels. The settlement requires plaintiff to dismiss her claims with prejudice, in exchange for Kroger agreeing to remove the “raised in a humane environment” label claim from its Simple Truth chicken packaging.

The proposed class action case was filed in 2014 by an individual consumer who contended that the “raised in a humane environment” claim on the packaging of Kroger’s Simple Truth brand chicken was misleading. Kroger and its supplier, Perdue, vigorously opposed plaintiff’s claims.

“We are pleased to see the claim removed from Simple Truth packaging, which we view to be inaccurate,” said Cheryl Leahy, General Counsel for Compassion Over Killing. “We will continue to work to protect both animals and consumers.”

“We stand by our assertion that the ‘raised in a humane environment’ claim on our Simple Truth chicken label is accurate,” said Gil Phipps, Kroger’s vice president of corporate brands. “We are pleased to put this lawsuit behind us and will continue to work with our suppliers to ensure the humane treatment and welfare of animals. Customers should know that all of our Simple Truth chicken products have always been and will remain free from antibiotics and added hormones.”

All parties have agreed that the conversion will be completed within the next 12 months.