Putative Class Targets Whole Foods’ “All Natural” Food Labels

California residents have filed a putative class action against Whole Foods
Market, alleging that the company misleads consumers by labeling certain
snack products as “All Natural” because they contain “the synthetic chemical
ingredient Sodium Acid Pyrophosphate, among other synthetic ingredients
(e.g., Maltodextrin).” Garrison v. Whole Foods Mkt., Inc., No. 13-5222 (N.D. Cal., filed November 8, 2013). Seeking to certify statewide and
nationwide classes, the plaintiffs claim that they relied on the truthfulness of
the “product label’s promise that these Products were ‘All Natural,’” paid a price
premium over products that are not all natural, “ingested a substance that was
other than what was represented,” and “ingested a product that did not bring
the health benefits Defendant promised.”

The products at issue include mini muffins, soft-baked cookies and an array
of gluten-free products, including apple pie, cheddar biscuits, corn bread,
cookies, and cupcakes. While the plaintiffs mention various claims that the
company makes about its products online and in its annual report, they do
not contend that they relied on these claims in making their purchasing
decisions.

As to the putative California class, the complaint alleges deceptive advertising
and unfair business practices under the California Business & Professions
Code, violation of the Consumers Legal Remedies Act, and breach of express
warranty. As to both putative classes, the complaint alleges common law
fraud, negligent misrepresentation, breach of contract, and quasi-contract/
unjust enrichment. The plaintiffs seek declaratory and injunctive relief; a
corrective advertising campaign; restitution and disgorgement; an accounting
and imposition of a constructive trust; compensatory, punitive and exemplary
damages; interest; attorney’s fees; and costs.

Issue 504