
Rice Products on Amazon
Allegations: Failing to disclose that products contain heavy metals
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 in the Ninth Circuit Court of Appeals were resolved. (The Jones and Kosta appeals were voluntarily dismissed and the Brazil case was remanded for further proceedings.)
April 2016: A federal judge stayed this action pending the Ninth Circuit Court of Appeals resolution in three similar cases (Brazil v. Dole Food Company, Inc., Jones v. ConAgra Foods, Inc., Kosta v. Del Monte Foods, Inc.).
September 2015: A federal judge dismissed some of the claims in the April 2014 complaint, including the evaporated cane juice claims, finding that the problems with them (including that plaintiffs did not adequately plead that their reliance on the marketing was reasonable) were not fixed in the amended complaint. The claims were dismissed without leave to amend, meaning that the claims cannot be refiled. The allegation that Whole Foods Market misleadingly labels products as “all natural” when they actually contain unnatural ingredients will move forward, however.
April 2014: After a federal judge dismissed plaintiffs’ claims regarding evaporated cane juice and unjust enrichment, plaintiffs filed an amended complaint against Whole Foods Market for allegedly misbranding products. Specifically, the complaint alleges that the company misleadingly labels products – including 365 Everyday Value Tomato Ketchup, 365 Everyday Value Organic Chicken Broth, and 365 Everyday Value Apple Cinnamon Instant Oatmeal – as containing “evaporated cane juice” when they actually contain sugar. In addition, plaintiffs claim that the company misleadingly labels products – including 365 Everyday Value Cola and Natural Italian Soda in green apple flavor – as “all natural” when they actually contain artificial ingredients, flavorings, coloring, and chemical preservatives. (Pratt et al v. Whole Foods Market California, Inc.; Mrs Gooch’s Natural Foods Market, Inc.; WFM-WO, Inc.; and WFM Private Label, L.P., Case No. 12-cv-05652, N. D. CA.).
For more information about other class-action lawsuits filed against Whole Foods Market and TINA.org’s coverage of the company, click here.
Allegations: Failing to disclose that products contain heavy metals
Allegations: Falsely marketing products as plant-based
Allegations: Misleadingly marketing that products contain “Real Organic Cheddar Cheese”
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
Allegations: Failing to adequately disclose a $2 deposit fee in advertised retail prices
Allegations: Failing to disclose that products contain a bacterium that could lead to serious adverse health consequences
Allegations: Falsely marketing supplements as glucosamine sulfate when they don’t contain any glucosamine sulfate
Allegations: Misleadingly marketing products as “whole grain”
Allegations: Misleadingly marketing the weight of fish in products as higher than it actually is
Allegations: Falsely marketing pizzas as being 18 inches when they are actually 16 inches
Allegations: Falsely marketing the amount of Omega-3 fatty acids in each serving
Allegations: Deceptively using slack-filled packaging and misleadingly marketing its commitment to environmental stewardship
Allegations: Misleadingly marketing ice cream bars as dipped in chocolate when the coating actually contains more vegetable oil than cacao ingredients
Allegations: Misleadingly marketing that the main flavoring ingredient is vanilla when the Ingredients list does not contain a vanilla ingredient
Allegations: Failing to disclose that products contain, or are at risk of containing, toxic heavy metals
Allegations: False “Animal Welfare Certified” and “No Antibiotics, Ever” claims
Allegations: Misleadingly marketing the ingredients in Organic 365 Honey Graham Crackers
Allegations: Misleadingly listing “organic dehydrated cane juice solids” as an ingredient when it’s actually sugar
Allegations: Falsely marketing lemons and raspberries as the main flavoring ingredients
Allegations: Failing to disclose that foods contain allergens
Allegations: Failing to disclose that vanilla flavor comes from artificial flavors
TINA.org has tracked more than 150 lawsuits alleging greenwashing.
Consumers also have a beef with claim that meat is “animal welfare certified.”
These marketing claims are feeling the heat.
TINA.org is currently tracking 70 class actions challenging claims that a variety of foods and beverages are truly vanilla.