20.  Chickens are highly sensitive and inquisitive animals.    22.  Young chicks also exhibit varying degrees of object permanence—the  ability to understand objects continue to exist even when they cannot perceive those  objects. For example, days-old chicks retain the ability to tell the difference between  shapes that are missing pieces and shapes that are merely partially hidden. Some  chicks are even able to comprehend the continued existence of objects that have  been completely hidden—an even more advanced form of object permanence.   23.  Adult chickens are capable of even more cognitively and emotionally  complex achievements. For example, chickens can perceive and predict time  intervals. When encouraged to peck at a computer screen in six-minute intervals in  order to receive food, chickens show they can estimate the passage of time by  increasing their pecking frequency around the six-minute mark.    24.  Chickens can also rationally discriminate between future outcomes  and resist instant gratification to optimize future reward. When given a choice  between a two-second delay followed by access to food for three seconds and a six- second delay followed by access for 22 seconds, chickens can hold out for the larger  reward.   26.  Chickens are capable of empathy—the ability to be affected by and  share the emotional state of others. Hens watching their chicks exposed to even  mildly negative stimuli (such as air puffs) vocalize in distress, spend less time  grooming their feathers and more time standing alert, exhibit an increase in heart  rate, and exhibit lower eye and comb temperatures (indicating constricted blood  vessels and increased body core temperature). Hens exhibit similar responses even  when they cannot hear the chicks’ distressed vocalizations. This suggests the hens  can logically apply their knowledge of the unpleasant nature of air puffs.   27.  Chickens pass cultural knowledge amongst themselves. Hens  presented with a mixture of safe yellow and tainted blue corn kernels actively steer  their chicks to yellow kernels. Hens who observe trained peers peck one of two keys  for food learn to peck the same key.   29.  Unsurprisingly, given their cognitive, emotional, and physical abilities  and needs, chicken social interactions and hierarchies are complex. Hens and chicks  begin calling to each other before the chicks have hatched. Mature chicken  communication consists of at least twenty-four distinct vocalizations and a variety  of displays. Chicken communication is “referential”—meaning that chickens modify  their vocalizations and displays in order to convey information to others. For  example, chickens will issue alarm calls of differing pitch and duration depending  on both the type of predator and type of chickens present. A male chicken is more  likely to issue an alarm call signaling aerial predators when hens are present.  Chicken communication also demonstrates awareness of the perspectives of other  animals—chickens will give longer alarm calls when under cover of a tree or bush,  suggesting they understand the aerial predator cannot see them.   30.  Each chicken is an individual with a distinct personality. Like  humans, chickens can be more or less outgoing, brave, shy, fearful, or aggressive.  Chickens’ personality quirks shape their interactions with other chickens. When  placed together for the first time in reasonably sized social groupings, hens  establish dominance hierarchies (called “pecking orders”). Chickens can recognize  individuals, and distinguish which chickens are—or are not—part of their social  group. When placed in new social groups, hens observe relationships between other  hens and apply this information logically in order to inform their own interactions.    32.  A growing population of American consumers believes it is important  that the food industry treat farmed animals—including chickens—humanely. Many  of these consumers base their purchasing decisions on animal welfare. These  consumers are willing to spend more if it means that food sellers source their  products from animals treated humanely. The food industry is well aware of, and  monitors and reports on, this trend.   33.  Defendants, under the Nellie’s corporate identity, design their egg  cartons to appeal to these consumers. For example, cartons of Nellie’s eggs are  emblazoned with a variety of the following cheerful slogans and representations of  animal care:   A. Chickens Are Sensitive, Inquisitive Animals Who Suffer if They Cannot  Meet Their Physical, Behavioral, and Social Needs  