In 2016, Wendy's along with most restaurants and QSRs were coerced by HSUS into announcing that eggs and egg products served in their restaurants would be derived from non-cage hens by 2020.

On September 9th Food Animal Concerns Trust (FACT) sued the Wendy's company in the D.C. Superior Court claiming misrepresentation by the company that claims is alleged to derive only five percent of eggs from other than conventional cages.  The plaintiff FACT is demanding that Wendy's conform to the Consumer Protection Procedures Act with respect to DC consumers.  In the complaint, FACT represented by Richman Law and Policy, claimed that Salmonella rates are higher in caged facilities compared to other housing systems.  The scientific justification for this assertion is questioned and relates to prw-2010 data before introduction of the FDA Final Rule on Prevention of Salmonella and effective EQAPs.  Regrettably epidemiologic data is skewed by the single outbreak perpetuated by Jack DeCoster. The 2010 recall involving eggs derived from his Iowa operation may be regarded as an aberration and not representative of the U.S. egg industry.

Harry Rhodes, Executive Director of FACT stated, "by representing its animal welfare program is ‘industry-leading’ and claiming its egg suppliers provide space and opportunities for animals to interact with their environment, Wendy's deceives the majority of consumers who care about animal welfare". 

Irrespective of claims relating to consumer policies and safety, FACT is promoting a vegan agenda and uses the legal system to generate funding and to oppose all forms of intensive livestock production. Irrespective of the outcome of the case animal rights activists and vegan organizations will continue to misuse the legal system to threaten the food industry with reputational disparagement to achieve their objectives.