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Damages in Kraft Foods v UEP to be Appealed

12/05/2023

Last week, EGG-NEWS reported on the adverse verdict in Kraft Foods Global, Inc. et al. v United Egg Producers, Inc., et al. in the U.S. District Court for the Northern District of Illinois.  A jury verdict ruled that the Defendants, Cal-Maine Foods, Rose Acre Farms and the UEP had effectively colluded to reduce production following adoption of the UEP Animal-Welfare Certified Program over twenty years ago.  On December 1st, the jury awarded Plaintiffs $17.8 million in damages plus attorneys’ fees.

In a filing with the SEC, Cal-Maine Foods noted that the jury decision is not final and has petitioned for a directed verdict setting aside the jury finding in favor of the Plaintiffs and their assignment of damages.

Cal-Maine Foods is confident in their assertion that the Plaintiffs’ claim is contrary to law since they advocated for and knowingly purchased eggs that were produced in accordance with the UEP Certified Program.  Cal-Maine also correctly states that the Defendants represented only 15 percent of the market and could therefore not have been in a position to influence prices irrespective of the allegations of indirect collusion by adhering to the UEP Animal-Welfare Certified Program.