March 16, 2005

Mr. David B. Dillon, Chairman and CEO
Kroger Corporation
1014 Vine Street
Cincinnati, OH 45202-1100

Dear Mr. Dillon:

I am disappointed I have not yet received your response to my February 22 letter regarding the deceptive “Animal Care Certified” logo that appears on Kroger brand egg cartons.

Though you have failed to communicate directly with Mercy For Animals regarding our concern over Kroger’s use of the misleading “Animal Care Certified” logo, as well as the abusive practices allowed under the United Egg Producers and Food Marketing Institute’s “guidelines,” officials from your company have been quick to release statements to members of the media concerning these issues.

Mr. Gary Rhodes, a Kroger spokesman, is quoted in the Sunday, February 27, 2005 edition of The Toledo Blade as saying, “We refuse to take any eggs from any supplier that does not follow the animal-welfare guidelines.… We require each supplier to include certification that they’re in compliance with all of the guidelines.”

As I outlined in my February 22 letter, the so-called “Animal Care Certified” guidelines, which Mr. Rhodes is quick to point out, allow for cruel and abusive practices that have been condemned by leading veterinarians and poultry scientists. Despite the lofty-sounding name, the “Animal Care Certified” guidelines permit producers to:

• Confine birds in cages so small they cannot even flap their wings or engage in other natural behaviors such as nesting, perching, dust bathing, and foraging.
• Starve birds to the point where they lose 30-percent of their body weight in order to manipulate the egg-laying cycle.
• Burn off parts of the beaks of chicks without painkiller in order to reduce the impact of stress-induced aggression.

A July 2003 Zogby International poll found 70% of consumers thought the “Animal Care Certified” logo was misleading once these cruel practices were revealed. Further, the Better Business Bureau, whose goal is to “foster truth and accuracy in national advertising,” twice ruled that the “Animal Care Certified” logo was “misleading” to consumers. The BBB states: “it conveyed the message to consumers that the eggs in cartons bearing the ‘Animal Care Certified’ seal were produced by hens raised under caring and humane conditions when that was not the case.”

As you know, The Kroger Company Policy on Business Ethics states “customers deserve clear and accurate advertising that provides useful information to assist in the purchase decision.” In light of this policy, Mercy For Animals believes you have the ethical obligation to your valued customers to remove the unclear, inaccurate, and misleading “Animal Care Certified” logo from your egg cartons. Other leading grocery chains, including Safeway and Trader Joes, refuse to use this deceptive seal.

Further, we urge Kroger to become an industry leader on animal welfare issues by taking real steps to eliminate animal cruelty at your suppliers. It is time that Kroger addresses this important issue by implementing the following changes:

• Refuse to purchase eggs from suppliers who confine hens in battery cages, a practice so cruel it has been banned in the European Union.
• Eliminate the barbaric practice of beak-trimming, which leads to both acute and chronic pain.
• Eliminate “forced molting,” the cruel practice already abandoned by fast food giants McDonald’s, Burger King, and Wendy’s, as well as grocery chain Safeway. Forced molting involves starving hens for up to 12 days to induce another laying cycle. Poultry researcher Dr. Ian Duncan calls the technique “a barbaric practice which doubles mortality in the flock while it is going on and leads to great suffering in all the hens involved.”

Thank you for your time and attention to this important issue. I would like to meet with you at your earliest convenience to discuss these important matters further. Please contact me directly at (866) MFA-OHIO. I look forward to your prompt response.

Sincerely,

Nathan Runkle
Executive Director

CC: Mr. Gary Rhodes
Jim Drew, The Toledo Blade

Enclosed:

1. The Toledo Blade, Sunday, February 27, 2005 article titled “Activists say tape proves cruelty at Ohio egg farm”