Amazon Prime Grocery Deliveries from Whole Foods
Allegations: Falsely marketing that Amazon Prime members receive free 2-hour delivery of groceries when Amazon charges consumers a $9.95 service fee for grocery deliveries from Whole Foods Market
The Weight of Whole Foods Products
November 2017: Plaintiffs filed an amended complaint similarly alleging that Whole Foods overstates the weight of products and, as a result, overcharges customers.
June 2017: The Second Circuit Court of Appeals, which found that plaintiffs had adequately alleged an injury, vacated the district court’s judgment and remanded the case for further proceedings.
March 2016: After this lawsuit was consolidated with John v. Whole Foods in October 2015, a federal judge dismissed the combined case finding, among other things, that plaintiffs did not adequately allege that they sustained any injury. The lawsuit was dismissed When a complaint is dismissed with prejudice, it cannot be refiled..
In late March, a Notice of Appeal regarding the decision to dismiss the case was filed. (District Court: In re Whole Foods Market Group, Inc. Overcharging Litigation, Case No. 15-cv-5838, S. D. NY.; Appellate Court: Case No. 16-986, 2nd Cir.)
July 2015: A class-action lawsuit alleging, among other things, that Whole Foods mislabeled the weight of pre-packaged food products – including meats, dairy, and baked goods – was transferred to federal court. The complaint, which was originally filed in state court in June 2015, claims that the store listed a weight that was heavier than the actual weight of the product sold. (Bassolino et al v. Whole Foods Market Group, Inc., Case No. 15-cv-6046, S. D. NY.)
For more information about other class-action lawsuits filed against Whole Foods and TINA.org’s coverage of the company, click here.
Class-Action Tracker
Ronnybrook Farm Dairy Products
Allegations: Failing to adequately disclose a $2 deposit fee in advertised retail prices
Sunrise Growers Frozen Fruit Products
Allegations: Failing to disclose that products contain a bacterium that could lead to serious adverse health consequences
Solimo Glucosamine Sulfate Supplements on Amazon.com
Allegations: Falsely marketing supplements as glucosamine sulfate when they don’t contain any glucosamine sulfate
Whole Foods Market Brioche Whole Grain Hamburger Buns
Allegations: Misleadingly marketing products as “whole grain”
Whole Foods Tilapia Fillets
Allegations: Misleadingly marketing the weight of fish in products as higher than it actually is
Whole Foods Pizzas
Allegations: Falsely marketing pizzas as being 18 inches when they are actually 16 inches
365 Whole Foods Market 100% Wild-Caught Fish Oil Softgels
Allegations: Falsely marketing the amount of Omega-3 fatty acids in each serving
365 Whole Foods Market Long Grain & Wild Rice
Allegations: Deceptively using slack-filled packaging and misleadingly marketing its commitment to environmental stewardship
Whole Foods Market 365 Organic Chocolate Ice Cream Bars
Allegations: Misleadingly marketing ice cream bars as dipped in chocolate when the coating actually contains more vegetable oil than cacao ingredients
Whole Foods 365 Everyday Value Vanilla Coffee Creamer
Allegations: Misleadingly marketing that the main flavoring ingredient is vanilla when the Ingredients list does not contain a vanilla ingredient
Herbs and Spices from 365 By Whole Foods Market
Allegations: Failing to disclose that products contain, or are at risk of containing, toxic heavy metals
Whole Foods Beef Products
Allegations: False “Animal Welfare Certified” and “No Antibiotics, Ever” claims
Organic 365 Honey Graham Crackers
Allegations: Misleadingly marketing the ingredients in Organic 365 Honey Graham Crackers
365 Everyday Value Organic Oats & Flax Instant Oatmeal
Allegations: Misleadingly listing “organic dehydrated cane juice solids” as an ingredient when it’s actually sugar
Whole Foods Lemon Raspberry Italian Sparkling Mineral Water
Allegations: Falsely marketing lemons and raspberries as the main flavoring ingredients
Whole Foods Food Products
Allegations: Failing to disclose that foods contain allergens
365 Everyday Value Vanilla Almondmilk Creamer
Allegations: Failing to disclose that vanilla flavor comes from artificial flavors
365 Everyday Value Organic Chocolate & Almond Vanilla Ice Cream Bars
In October 2020, a class-action lawsuit was filed against Whole Foods Market Group for falsely marketing its 365 Everyday Value Organic Chocolate & Almond Vanilla Ice Cream Bars as coated…
365 Everyday Value Organic Vanilla Coconutmilk
In July 2020, a class-action lawsuit was filed against Whole Foods Market Group for allegedly misleadingly marketing 365 Everyday Value Organic Unsweetened Coconut Vanilla Coconutmilk Beverage as containing “vanilla” when,…
Organic 365 Rice Milk
In February 2020, a class-action lawsuit was filed against Whole Foods Market Group for allegedly misleadingly marketing that the flavor in its Organic 365 Rice Milk comes exclusively from vanilla…
365 Everyday Value Vanilla Soymilk
In October 2019, a class-action lawsuit was filed against Whole Foods Market for allegedly misleadingly marketing that its 365 Everyday Value Vanilla Soymilk contains vanilla when, according to plaintiffs, the…
365 Organic Vanilla Almondmilk
In October 2019, a class-action lawsuit was filed against Whole Foods Market Group for allegedly misleadingly advertising its 365 Organic Vanilla Almondmilk as containing vanilla when, according to plaintiffs, the…
Starkey Water
In August 2019, a class-action lawsuit was filed against Whole Foods Market for allegedly deceptively advertising that its Starkey Water is pure and clean when, according to plaintiffs, the water…
Whole Foods Products
November 2018: This action was dismissed because the parties reached a settlement agreement, the terms of which have not been disclosed. January 2018: This case was reopened after the appeals…
Whole Foods Hypoallergenic Claims
March 2019: The claims against defendant WFM Distribution were dismissed. June 2018: A federal judge dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can…
The Weight of Whole Foods Pre-Packaged Foods
November 2017: Plaintiffs filed an amended complaint similarly alleging that Whole Foods overstates the weight of products and, as a result, overcharges customers. June 2017: The Second Circuit Court of…
GT’s Kombucha Beverages
January 2018: The Ference appeal was voluntarily dismissed, the reasons for which have not been disclosed. November 2017: The Sweeney appeal was dismissed for failure to prosecute because the objector…
The Amount of Vitamin B in Whole Foods Supplements
In January 2018, a false advertising class-action lawsuit was filed against Whole Foods for allegedly misrepresenting the amount of vitamin B in its 365 Everyday Value brand supplements, Liquid Energy…
Whole Foods 365 Everyday Plain Greek Yogurt Sugar Claims
Multiple lawsuits filed against Whole Foods claiming that the company falsely labels its 365 Everyday Value Plain Greek Yogurt as containing 2 grams of sugar per serving when, according to…
Fresh Bread from Whole Foods, Wegmans Food Markets, and Acme Markets
August 2015: A federal judge dismissed these three related actions finding, among other things, that plaintiffs did not properly plead the fraud-based allegations. Click here to read the court’s decision…
Whole Foods 365 Everyday Value Products
October 2014: This action was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Whole Foods St. John’s Wort Dietary Supplement
In January 2017, a class-action lawsuit was filed against Whole Foods alleging that its St. John’s Wort dietary supplement did not contain the amount of standardized extract hypericin (the sole…
Whole Foods Meat Products
April 2016: A federal judge dismissed the complaint When a complaint is dismissed with prejudice, it cannot be refiled.. Among other things, the judge found that the complaint fails to…
Whole Foods Market Products
June 2016: This lawsuit was dismissed because the parties reached a settlement, the terms of which are confidential. November 2013: A class-action lawsuit was filed against Whole Foods Market, Inc.…
Whole Foods Prices
January 2016: A federal judge dismissed this lawsuit after the parties reached a settlement agreement, the terms of which have not yet been disclosed. October 2015: This lawsuit was transferred…
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