Along with a number of chicken producers and restaurants, Shake Shack has claimed that its chicken is “hormone-free”.

Label regulations imposed by USDA require an explanatory statement to the effect that administration of hormones to livestock for food production is disallowed.  It is a matter of fact that the use of stilboestrol implants was banned in the late 1940s.

The Shake Shack claim has been challenged by the Accountability Board and has called on Shake Shack to justify the claim that has apparently been condoned by both management and the Board of the Company.  In response, Shake Shack has amended a 2024 proxy statement to state, “No added hormones”.  This is a justifiable statement but is intended to create the impression that chicken served by Shake Shack is in some way superior or more healthy than chicken served by other chains.  This is clearly not the case since no U.S. raised chicken receives any “added hormones”.  The same can be said for the deceptive “cage-free” claim with respect to broilers and turkeys. This claim also implies that competitive brands of chicken might be raised in other than barns or in enclosures with access to pasture.