Ethical Foods Memo: 'Cage Match': California's Gemperle Farms Now Says Animal Rights Group 'Staged' Chicken Abuse Video; Group Threatens Lawsuit

The ongoing "cage match" between the animal rights group Mercy for Animals and Gemperle Farms, a major egg-producer located in California's San Joaquin Valley, continues.

As we first reported here earlier this month, the non-profit animal rights group posted a video online it says was taken by an undercover operative for the group who obtained a job as a maintenance man at one of Gemperle Farms' egg-producing farms in Merced County, California. Gemperle Farms headquarters is located nearby in the the city of Turlock in Stanislaus County. The two counties are neighboring ones.

The video shows egg-laying hens being tossed in and out of cages in a forceful and cruel manner, along with a hen being thrown to the ground, stomped on by a worker, and then tossed in what looks like a manure pile in the video.

Gemperle Farms responded by saying the video is too grainy and of too poor quality to allow the company to determine if the egg-laying farm in it is one of its own.

Mercy for Animals then fired back, saying the undercover operative can prove he took the video at the Gemperle Farms' Merced County facility because not only does the group have pay stubs showing the undercover activist/videographer worked at the egg farm, it also claims it has additional video showing Steve Gemperle, the egg-producing company's owner, at the farm in the video.

To date we have not been able to find any additional posted video showing Gemperle on the site. Nathan Runckle, executive director for Mercy for Animals claims it has such video.

Gemperle Farms claims Mercy for Animals coercion

Meanwhile, although Gemperle Farms isn't talking to the press--Natural~Specialty Foods Memo has called the company twice and was told both times by a receptionist there was no one available to discuss the issue--including the leading daily newspaper in the area, the Modesto Bee, the company has now issued a written statement regarding the hen abuse video.

In the statement, Gemperle Farms accuses Mercy for Animals of staging the undercover video that shows the hen abuse, claims the undercover activist/videographer manipulated workers into abusing the chickens, and says the animal rights group manipulated the video in its favor.

The statement says: "We (Gemperle Farms) have reviewed the video claiming to represent our practices, and find the accusations to be a staged, vicious attack on our reputable company."

The statement says further: "We are continuing to investigate and now know our employees were coerced by the activist (the videographer) to engage in behavior that is against our high standards for hen welfare for the sole purpose of filming a sensational video."

A couple points: First, prior to issuing this statement, Gemperle Farms denied the video was taken at one of it's egg-laying farms. However, the very nature of the written statement demonstrates the company is now admitting the video was shot at one of its Merced County egg-laying farms, even though it says the workers were coerced to abuse the hens.

Second point: In the statement, Gemperle Farms seems to be admitting there was hen abuse; just that the workers did it under the coercive power of the activist/videographer, who was employed at the facility as an undercover operative for Mercy for Animals.

This defense sort of reminds us of the obedience to authority studies done decades ago by the psychologist Stanley Milgram. Milgram had authoritative looking researchers in white lab coats tell people off the street to administer increasing levels of shock to various subjects (there really was no electrical shock, but the people doing the shocking didn't know it). The vast majority of people being told by the "authority figure" ended up giving the subjects what if real would have been lethal doses of electric current.

When asked later, after the researchers' explained it wasn't real and debriefed them, why they kept giving the subjects higher doses of electricity, nearly all of the participants said it was because they didn't think the authority figures in the white lab coats would tell them to do anything that would hurt the subjects. In other words, obedience to authority was the key variable.

The problem with Gemperle Farms' argument is two fold: implicit in its argument that the workers were coerced into abusing the hens, is an admission the abuse occurred, basically validating Mercy for Animals' assertion.

Second, the activist/videographer who the company claims was able to coerce these workers into abusing the hens, was far from an authority figure. The workers at the egg farm knew him only as a maintenance man who's job it was to fix broken cages.

Gemperle Farms does leave itself an out by saying the video was manipulated by the animal rights group. But that comes a little late in that the statement which already offers an implicit admission the hen abuse occurred; otherwise what did the undercover activist coerce the workers to do?

It would be interesting to know how Gemperle Farms has dealt with the employees who it now admits abused the hens but were coerced in to doing so. Have they been fired? If not, perhaps made to attend some seminars on animal abuse? Or, has Gemperle done nothing since it claims the workers were coerced and that the abuse isn't of the level shown in the video?

Questions for Mercy for Animals too

Regarding Mercy for Animals, why hasn't the group released the video they say they have showing Gemperle Farms' president Steve Gemperle on the egg farms' property? Match the background of that video up with the background in the earlier posted video and they would have a rather strong case.

It's rather odd the animal rights group hasn't released that additional video in our analysis.

Additionally, why hasn't Mercy for Animals released copies of the paycheck stubs it claims it has, showing the activist worked for Gemperle Farms? Take some photographs of or computer scan the pay stubs, and post them on the groups website. Simple. And it's further evidence for the group's case.

Lastly, why not have the undercover activist/videographer sign an affidavit swearing to everything: that he worked for Gemperle Farms, took the undercover video of the workers without coercing them, and that he witnessed Mr. Gemperle on the farm?

Doing these three things would make it very difficult for anybody to further dispute that the video was shot on the farm; although thanks to Gemperle Farms' written statement that part of the story is pretty much now found to be true.

Publishing the affidavit would add to the group's case though, and would make it incumbent on Gemperle Farms then to have the workers who are claiming to be coerced also sign affidavit's swearing to their positions we believe.

A person can't go to jail for filing a false affidavit generally. However, such behavior can be used as evidence in a civil court lawsuit.

Meanwhile, Mercy for Animals' Nathan Runckle, who says the video the group has posted is the real thing, said on May 13 if Gemperle Farms doesn't retract it's statement, the group will sue the company for libel.

In a letter Runckle sent to Gemperle Farms, he gave the company until 8:30pm on May 13 to retract the statement.

Gemperle Farms has not retracted the statement to date. We also can't find any libel lawsuits filed to date against Gemperle Farms by Mercy for Animals. We wonder why no lawsuit from the animal rights group yet?

More on the video

As we reported in early May, the Mercy for Animals video, which it claims was shot at Gemperle's Merced County egg-laying facility, shows hens with festering sores, and a worker roughly pulling hens out of cages and pushing them in, as well as the scene where the worker stomps on a hen and tosses it into the dirt or manure pile.

In its written statement, Gemperle Farms claims the most sensational parts of the video (those above) were the ones that were staged. It also claims the group manipulated the video by speeding up the frames so that it "appears the actions of the workers are more forceful than they really are."

Runckle calls that nonsense, saying the footage is untouched and real.

Trader Joe's stops selling Gemperle Farms' eggs

Trader Joe's, which previously sold eggs from Gemperle Farms, stopped buying eggs from the distributor who handles the company's sales shortly after the hen abuse issue became public in early May. Thus far, we are aware of no other California-based retailers that have stopped buying Gemperle-produced eggs to date besides Trader Joe's.

Gemperle Farms and California egg production

Gemperle Farms is a major California egg producer. According to published company statistics, it had more than 1 million egg-laying hens as of 2006.

The company was founded in 1950, and its written literature says it currently employees about 180 workers.

Gemperle Farms has its headquarters in Turlock, California, a city of about 75,000 residents in the San Joaquin Valley county of Stanislaus. It operates numerous egg-laying farms and related facilities in nearby Merced County. Stanislaus County has about 500,000 residents and Merced County about 250,000, according to recently published data from the State of California.

Merced County is the number one egg-producing region in California. California produced about 2.82 billion eggs last year, according to the California Department of Agriculture. Of that total, nearly two-thirds were produced in Merced County, according to the state agriculture department.

No resolution in site

As we said in our earlier May stories on this "cage match," the truth and complete story should come out. However, that appears not to be the case thus far--and we have a feeling this battle has more drama to go before there's a resolution.

In November, California voters will vote on a ballot initiative measure which if passed by a majority of the state's voters will outlaw the use by California egg-producers of small or battery-type hen cages, as we reported here.

November is just six months away, and between now and the election we expect to see the small hen cage--and the Mercy for Animals/Gemperle Farms battle--heat up even more so.

Natural~Specialty Foods Memo Related Stories:

May 11: "Will the Chickens Come Home to Roost?

May 08: "Trader Joe's to Stop Selling Gemperle Farms' Eggs

May 08: Group Says it Has Video Showing Hen Abuse

May 08 "California Small Hen Cage Ballot Measure

There's a link to the Mercy for Animals organization's hen abuse video on the May 8, "Group Says it has Video Showing Hen Abuse," piece linked above.

Ethical Foods Memo: Will 'The Chickens Come Home to Roost'? Mercy For Animals Offers Additional Evidence On Hen Abuse; Gemperle Farms Goes Silent

The animal rights group Mercy For Animals--which says a video it has (a link to which we posted here in an earlier piece about the subject) showing abuse to hens at an egg-laying farm was taken at a Merced County, California facility owned and operated by Turlock, California-based Gemperle Farms--is offering more evidence and proof the video is from one of the company's egg ranches.

Although the video footage is grainy, it shows close ups of hens with badly festering sores, as well as chickens being pushes and pulled in and out of small cages by workers. There's even a scene in the video in which a ranch worker throws a hen on the ground, stomps on it, and then throws it into a pit of dirt.

Mercy for Animals says the video was taken at a Gemperle Farms' egg-laying facility in Merced County, California by an undercover operative for the animal rights group, who was hired to work as a maintenance man at the company's egg-laying facilities in the towns of Delhi and Hilmar in Merced County, and shot the video on site.

The animal rights group says the video was shot in January and February by the undercover operative using a hidden video camera.

Steve Gemperle, president of Gemperle Farms, has said he doesn't believe the video is from one of his egg-producing ranches, siting the grainy quality of the video as evidence that he or others can't tell it's one of the company's facilities.

Gemperle told the Sacramento Bee newspaper last Tuesday the video "is trying to discredit us. My company doesn't tolerate the abuse of animals. Abused animals don't produce eggs."

However, Gemperle has gone into the media underground since Tuesday. Modesto Bee reporter John Holland reported Friday that neither Gemperle or any other spokesperson for the would return his calls for comment on the video and accusation by Mercy For Animals that the video is from one of the company's Merced County egg-producing facilities. The Modesto Bee is a sister newspaper to the Sacramento Bee and is the largest daily newspaper in the Merced and Stanislaus County areas.

Natural~Specialty Foods Memo placed two calls to Gemperle Farms corporate office on Friday to talk with Gemperle or a spokesperson about the issue. Both times we were told by a receptionist that nobody from the company was available to talk about the issue.

Although Gemperle Farms isn't talking about the issue, Mercy For Animals is, offering further evidence they say proves the video is from the Gemperle Farms' egg-producing facilities in Merced County.

Nathan Runkle, executive director for Mercy For Animals, says the group has undercover video footage taken by the operative they claim was employed at the egg farms, of Steve Gemperle himself on site at the egg-laying farm, along with having pay stubs from the undercover operative which prove he worked at the facility.

Runkle also says there is video footage showing numerous faces of Gemperle Farms' employees, which further shows it's the Gemperle egg-laying farm where the video was taken showing the hens being abused, he says.

This isn't the first time an animal rights group has accused, and said it had video of, Gemperle Farms' employees abusing hens. In 2005, a group called Farm Sanctuary said it took video footage of hen abuses at a Gemperle Farms facility in Merced County.

The issue is getting lots of attention in California in part because a ballot initiative measure banning the use of small or battery-style hen cages in California will be on the November, 2008 electoral ballot. California voters will get to approve or deny the measure with their votes. If passed, the law would force California egg producers to stop using the small cages--which most use--in 2015.

The European Union has banned the use of the small or battery cages by egg producers in all its member nations effective in 2012.

Mercy For Animals' Runkle says he believes hen abuse is an industry norm in California and the U.S. rather than just the exception at Gemperle Farms. Farm Sanctuary agrees.

However, California's Pacific Egg and Poultry Association, a trade group for egg producers, says that's absolutely false. A spokesperson for the association says such abuse and treatment in the video is isolated in the California egg producing industry, as well as being "in violation of the association's and industry's high standards for animal welfare."

Any egg producer who allows such hen abuse is wrong and in violation of the association's standards, the spokesman says.

Mercy For Animals' Runkle says the group has asked the Merced County District Attorney's office to investigate the hen abuses it says occurred at Gemperle Farms in the county, which it claims are evidenced in the videos it has.

Merced County District Attorney Larry Morse has replied back to the animal rights group that based on the evidence currently available, the video, his office isn't going to launch an investigation into the matter at this time.

Morse told the Modesto Friday if there is evidence presented of hen abuse at the Gemperle Farms' facility, it first needs to be investigated by the county's Sheriff's Department. He said if any further evidence is provided to the Sheriff's Department, and if the department launches an investigation and find the results legitimate, he would welcome them forwarding it to the county DA's office for potential prosecution.

Gemperle Farms is one of the top egg producers in California, which is the number five egg-producing state in the U.S. The egg-producer sells its eggs to NuCal Foods, Inc., which is one of the largest egg distributors in the Western U.S. NuCal buys eggs from Gemperle and dozens of other egg-producers and distributes them to restaurants, institutions, supermarkets, convenience stores, drug stores and other classes of trade.

As we reported here, Trader Joe's, which bought eggs produced by Gemperle Farms from NuCal, announced last week it would no longer sell any eggs produced by the egg-producer at its stores because of the video.

NuCal, Inc. has nothing to do with the hen abuse issue. It's a distributor and marketer of eggs and isn't involved in operating egg-producing facilities.

We would strongly suggest two things to Gemperle Farms: first, obtain some experienced crisis communications public relations council.

Second, if you know the video showing the hen abuse is from one of your facilities, or even if you strongly think it might be, hang a lantern on it. With the help of your experienced crisis communications person, admit it happened at your facility and take immediate measures to make sure it never happens again. Take responsibility if responsibility is warranted.

These measures should include firing those people identified as abusing hens, bringing in independent third parties to help clean up the act at the facility and to eventually certify humane conditions, and ensuring superior animal health and welcoming regular third-party inspections of all the egg-producing facilities.

If you don't believe the video is from one of your facilities, then you need to communicate that fact through the media, as well as offer evidence the egg farm in the video isn't one of yours.

There are two constants in issues of this nature. Number one is to communicate with and through the media. When you go silent, people assume (especially reporters) you're guilty and hiding something. They assume this because more often than not it's the case.

Second, if it is your facility in the video, the sooner you admit it and pledge to fix it, the better things will get. This is particularly true if management has no knowledge of the hen abuse.

Meanwhile, honesty and sincerity are key in any plan to go forward. Animal abuse is no laughing matter. Either are false accusations if the facility really isn't a Gemperle Farms' egg-producing farm.

The truth needs to come out, and fast. Animals used to supply food for humans should never be abused. Its not only unethical and written about as a sin in the bible if one is a believer, it's also a poor economic practice. Stressed animals produce poor food. Humans aren't only their brothers' keepers, we also are the keepers of the animal species we use for our nourishment and sustenance

We know there was hen abuse. It's right there in the video. What we don't know for sure is if it occurred at a Gemperle Farms'-owned facility. If it did, and Gemperle Farms' knows it, it's the owner's moral and legal obligation to admit it. If the video isn't from a Gemperle Farms' facility, and Mercy For Animals is falsifying it, their credibility should and will be ruined forever. There also are legal aspects of such falsification should it be the case.

Let's get to the truth of this matter fast--for the sake of the hens, the reputation of ethical egg producers, and for the retailers who as the agents for consumers sell eggs in their stores.

[Read Natural~Specialty Foods Memo's three previous pieces on the hen abuse issue and video here. There's also a link to the video there.]

Ethical Foods Memo: Group Says it Has Video Showing Major California Egg Producer Abuses it's Egg-Laying Hens

Earlier today we wrote about a ballot initiative that if passed would ban California egg-producers from using small or battery-style cages for their egg-laying hens. That initiative has been qualified by the California Secretary of State's Office and will appear on California's ballot for residents to vote yes or no on this November.

Read our piece from earlier today here.

In our piece, we wrote now that the small hen cage ban ballot initiative has been qualified and will appear on the November, 2008 California ballot, we expected to see a real "egg fight" start soon between the proponents of the small cage ban measure and those in the California egg industry who are against it becoming law.

It looks like that "egg fight" has started sooner than even Natural~Specialty Foods Memo thought it would.

The McClathchy Company-owned Modesto Bee, the largest daily newspaper in Merced and Stanislaus counties, which are the number one and two largest egg-producing counties in California, is reporting a group called Mercy For Animals has a video showing that one of the region's, and the state's, leading egg-producing companies, Gemperle Farms based in Turlock, California, abuses its egg-laying hens, or at least has employees who do so.

In the article, the company denies the video is of one of it's egg farming operations. However, Mercey For Animals says it can prove the video is from the egg-producer's egg farm in Merced County because the video was taken by a Mercy For Animals undercover operative who worked in the operation for some time and took the videos while employed with Gemperle Farms.

This isn't the first time a group says it took video of hen abuse at Gemperle Farms. A group called Farm Sanctuary said in 2005 and again last year it took videos of egg-laying hens being abused at Gemperle-owned chicken farms. You can read more about what this group had to say here.

Like we said, the issue is already starting to heat up. We will have more to report--and say--soon.

Read the story in the Modesto Bee here.

There's also a link to the video Mercy For Animals says was taken by its operative at the Gemperle Farms egg-laying farm here, along with additional information the group says comes from its undercover operative who worked at the facility.