West Virginia Attorney General Patrick Morrisey filed a lawsuit against Dutt & Wagner, accusing the Virginia egg producer of price gouging.
Morrisey alleges Dutt & Wagner, which operates as Green Valley Poultry Farm, unreasonably raised the price of eggs, in some cases by nearly 300% from February 24 to March 30. For example, according to the lawsuit, the price for a dozen medium conventional white eggs rose 297.5%, and a dozen large brown conventional eggs raised in price by 234.9%. The suit stated that Dutt & Wagner kept the price of a dozen cage-free brown eggs steady during that time.
Dutt & Wagner, according to the lawsuit, provides eggs for 34 retailer stores in West Virginia,
Morrisey believes in raising the egg prices, Dutt & Wagner was in violation of the West Virginia Consumer Credit and Protection Act (WVCCPA). The WVCCPA makes it unlawful for sellers of consumer food items to sell them at a price greater than 10% above the price charged on the 10th day immediately preceding the declaration of an emergency state of preparedness, unless the increase in price is directly attributable to additional costs imposed on the seller.
West Virginia Gov. Jim Justice on March 4 declared a state of preparedness, and on March 16 declared a state of emergency, both in response to the COVID-19 pandemic.
Those who are found guilty of violating the WVCCPA could face a fine of $5,000 per infraction.
According to the lawsuit, Dutt & Wagner asserts that it was following Urner Barry market pricing for eggs.
Dutt & Wagner, according to the WATTPoultry.com Top Companies Database, produces 19.5 million dozen eggs annually. The company, headquartered in Abingdon, Virginia, has a flock of 1.44 million hens and ranks as the 49th largest egg company in the United States
View our continuing coverage of the coronavirus/COVID-19 pandemic.
