By Jessica Scott-Reid for Sentient Climate.
Broadcast version by Danielle Smith for Keystone State News Connection reporting for the Sentient-Public News Service Collaboration

For decades, the meat industry has been attempting to thwart undercover investigations with so-called “ag-gag laws,” state laws that criminalize the unauthorized recording of livestock farm operations. One way investigators have persisted, however, is with the use of drone technology, which can enable investigators to document conditions on farms that may not align with the claims on the label. Drone footage supplied key evidence in a case brought by animal advocacy group Animal Outlook against Alderfer Poultry Farm, Inc., a Pennsylvania egg brand that advertised its eggs as “free-roaming,” when footage revealed some of these hens were not afforded better welfare conditions in reality.

Alderfer has now agreed to settle the lawsuit for $287,500 and pledged to remove the “free-roaming” claim from its products. The company’s eggs are sold in stores in the Northeast and Mid-Atlantic states, according to Animal Outlook. Sentient contacted Alderfer for comment but did not receive a reply.

Ben Williamson, executive director of Animal Outlook, tells Sentient he believes this is the first case in which a drone has been used to legally prove that an egg producer was making misleading claims. Piper Hoffman, senior director of legal advocacy for Animal Outlook tells Sentient that some of the spaces for hens in the footage were narrow, metal and bleak. “We saw no birds on the ground outside,” she says. “I don’t know if they ever saw the sun.”

Egg Producer Sued for Misleading Consumers

Drone footage from several Alderfer farms was taken by Animal Outlook in partnership with photojournalism organization We Animals in December 2023. The footage revealed that some hens labeled as “free-roaming” were in fact only provided small, covered and wire-floored porches that could only accommodate a fraction of the flock. Other farms appeared to provide animals with no outdoor access at all.

“For years the industry has gotten away with cruelty to animals by having huge walls that were only ever impenetrable by undercover investigations,” Williamson says. “Being able to fly drones from a public sidewalk on the street — public property over the top of a facility — allows us to see what’s going on behind those walls.”

The case, an action for consumer protection brought in the District of Columbia, and represented by Richman Law & Policy, also utilized consumer surveys to prove that Alderfer’s “free-roaming” claims were misleading the public. The surveys confirmed that when consumers looked at the true images of the brand’s egg facilities, “that was not what they expected from the term ‘free-roaming,’” says Hoffman.

Similar research conducted in Canada in 2024 found that when consumers were shown various “free run” packaging examples, only 14 percent correctly answered that the hens are still held indoors 24/7. According to Bryant Research, 68 percent “mistakenly believed these hens are housed in better conditions with outdoor space.”

Pamela Vesilind, assistant professor of law at Vermont Law School, explains why these surveys are critical: “You find overwhelmingly that consumers think free-roaming means one thing, when, in fact, that’s not at all what it means in this situation.”

Cage-Free, Free-Range…and Free-Roaming?

Some labelling claims made on eggs are legally defined by the United States Department of Agriculture’s (USDA’s) Agriculture Marketing Service. This includes “cage-free” and “free-range.” The agency does not define “free-roaming,” allowing the producer to evade the regulatory requirements.

USDA-graded eggs labeled as “cage-free” must provide hens the ability to roam freely within the facility and to “engage in natural behaviors.” These hens are not required to have access to the outdoors, but can and are often held in massive, windowless, warehouse-type barns.

USDA-graded free-range eggs are produced by hens who have the same indoor access as cage-free hens, but also must have continuous access to the outdoors during their laying cycle. Outdoor areas may be fenced or covered with netting. There is no mention of natural groundcover, grass or sunlight.

These specific labels, according to the USDA, “must undergo a review process to verify the claim is truthful.” These visits often happen once per year, or as little as every two years.

According to Animal Outlook’s Piper Hoffman, egg producers don’t have to participate in the voluntary USDA grading program, and if they don’t, they aren’t subject to USDA verification visits if they use either “free-range” or “cage-free.” As for “free-roaming,” says Hoffman, “there’s no regulation at all,” and no USDA oversight to verify the free-roaming label’s accuracy.

The use of class action lawsuits against egg producers is a popular tactic for advocates for farm animals. Two Illinois residents are currently suing Eggland’s Best Inc. in a class-action lawsuit in Chicago, over allegedly misleading claims that “cage free” hens are “free to roam in a pleasant, natural environment.” The plaintiffs argue that the hens are actually confined indoors in crowded, concrete windowless facilities. While this may meet “cage-free” requirements, “These hens are not ‘free to roam’ anywhere, and their living conditions are neither ‘natural’ nor ‘pleasant,’” they argue in the complaint.

Majority of Layer Hens Still Kept in Battery Cages

The egg industry, like much of the food industry writ large, is no stranger to misleading marketing. Various terminology around housing and handling, made with varying degrees of oversight — whether by government agencies, voluntary third parties or no one at all — make the egg-buying landscape confusing for consumers. 

Despite modest space improvements passed in a handful of states, around 60 percent of hens farmed for eggs in the U.S. are still confined to battery cages. These are the smallest cages allowed by law, providing at minimum 67 square inches of space — less than a sheet of paper — per bird for the majority of their lives.

The Bottom Line

The Alderfer case points to a larger problem of misleading claims on food labels. While consumers may seek higher-welfare eggs, the label on the carton does not necessarily reflect reality.

For now, Williams says he hopes this case will serve as an example for other animal protection organizations “that they can use cutting-edge photography to investigate other claims such as free-roaming in their jurisdictions, and hopefully make a difference for the lives of egg-laying hens around the world.”


Jessica Scott-Reid wrote this article for Sentient.


get more stories like this via email

A major player in the Northwest's energy landscape is considering changes in the future, as extreme climate events make power delivery in Oregon more unpredictable.

Like utilities in the region, the Bonneville Power Administration - a nonprofit federal administration - is considering joining a larger energy market to ensure reliable access for customers.

BPA is favoring a market known as Markets+, which it says will be less expensive in the long run but could cost between $79 million and $129 million more for ratepayers in 2026.

However, organizations like Save Our Wild Salmon favor the Day-Ahead Energy Market, or EDAM.

Tanya Riordan, policy and advocacy director with the organization, said BPA needs to consider tribal rights in the region, especially when it comes to salmon.

"We can have a more open governance model," said Riordan, "that gives state officials and consumers an equal role, which would keep salmon recovery priorities at the forefront, which is what the EDAM market would offer."

Riordan said the transition to a larger energy market would reduce pressure on the federal hydropower system, also reducing pressure on the region's rivers and salmon.

A formal document outlining BPA's decision is expected in May.

Ben Otto, an energy consultant with the Northwest Energy Coalition, said he also favors EDAM.

He said the BPA has a unique role in the Northwest, with obligations to its customers, but also to the rest of the region by selling hydropower to keep bills low and running a transmission grid in the Northwest.

"Also by mitigating the impacts to salmon and wildlife and tribal interests," said Otto, "this is really important - and we really think that those obligations need to play a more significant role in Bonneville's decision, and we look forward to that being reflected in their record."

Otto said EDAM would reduce costs and be just as reliable as Markets+, and would make the integration of clean energy easier.

He noted that BPA wouldn't fully join the market, regardless of its choice, until 2028 - and so he's urging the administration to take its time making a decision.

"We believe a market that gives a strong role for public interest and state policy is a better fit for Bonneville's obligations than Markets+," said Otto, "which is really more of like a business league and more commercially focused."




get more stories like this via email

A major player in the Northwest's energy landscape is considering changes in the future as extreme climate events make power delivery in Washington more unpredictable.

Like utilities in the region, the Bonneville Power Administration, a nonprofit federal administration, is considering joining a larger energy market to ensure reliable access for customers. BPA is favoring a market known as Markets+, which it said will be less expensive in the long run but could cost between $79 million and $129 million more for ratepayers in 2026.

Organizations like Save Our Wild Salmon favor what is called the Day-Ahead Energy Market, or EDAM.

Tanya Riordan, policy and advocacy director for the group Save Our Wild Salmon, said BPA needs to consider tribal rights in the region, especially when it comes to salmon.

"We can have a more open governance model that gives state officials, consumers an equal role," Riordan suggested. "Which would keep salmon recovery priorities at the forefront, which is what the EDAM market would offer."

Riordan pointed out the transition to a larger energy market would reduce pressure on the federal hydropower system, also reducing pressure on the region's rivers and salmon. A formal document outlining BPA's decision is expected in May.

Ben Otto, energy consultant for the Northwest Energy Coalition, also favors EDAM. He said the BPA has a unique role in the Northwest with obligations to its customers but also to the rest of the region by selling hydropower to keep bills low and running a transmission grid in the Northwest.

"By mitigating the impacts to salmon and wildlife and tribal interests, this is really important and we really think that those obligations need to play a more significant role in Bonneville's decision," Otto explained. "We look forward to that being reflected in their record."

Otto noted EDAM would reduce costs and be just as reliable as Markets+ and would make the integration of clean energy easier. He emphasized BPA would not fully join the market, regardless of its choice, until 2028 and so he is urging the administration to take its time making a decision.

"We believe a market that gives a strong role for public interest and state policy is a better fit for Bonneville's obligations than Markets+, which is really more of like a business league and more commercially focused," Otto added.


get more stories like this via email

The U.S. military and a nonprofit environmental group are seeing success in a partnership that strengthens military readiness and conserves Indiana's natural resources.

Some military installations have compatible land uses around them, such as farms and forests, wetlands and grasslands. Sentinel Landscape, a federal initiative managed in part by the Department of Defense, works with nonprofits to manage those lands.

Emy Brawley, Midwest Region vice president at the Conservation Fund, said southern Indiana received a Sentinel Landscape designation in 2022, allowing her organization to work with bases across the region.

"That designation is supporting four Department of Defense installations, including the Lake Glendora test facility," she said. "All four of those installations provide a wide number of testing and training opportunities for multiple branches of our military."

Brawley said it's important to protect lands around military sites from encroachments that impact the military's ability to maintain mission readiness. She added that commercial developments near military bases can cause noise or light pollution that restricts training and testing drills.

Brawley's organization works in the new Busseron Creek Fish and Wildlife Area, the largest conservation project in Indiana in 20 years. The site serves as a buffer of undeveloped land near the Lake Glendora Test Facility, a military base.

Brawley said the area's natural resources are critical for certain species of wildlife in Indiana.

"This new Fish and Wildlife Area protects a five-mile segment of Busseron Creek, along with forests and wetlands and grasslands and streams and lakes," she said. "In fact, a nearby Fish and Wildlife Area documented over 250 different bird species using it."

Brawley said protecting the land in the new fish and wildlife area will make it more functional as a training and testing site. It also allows for public access and recreational activities such as fishing, hunting and camping.