Whole Foods Claims Lack of Control over Retail Stores in Motion to Quash Skinny Girls Subpoena

According to a news source, Whole Foods Market Inc. is seeking to stop its
deposition in consumer fraud litigation filed against Skinny Girl Cocktails
LLC, arguing that it does not own or operate Whole Foods retail stores nor
does it “decide which suppliers, food brokers or distributors are to be used
by Whole Foods Market retail locations.” Greene v. Skinny Girl Cocktails LLC,
12-550 (W.D. Tex., motion to quash filed June 22, 2012). A
number of putative class actions alleging that the defendants falsely market
margaritas as “all natural” were filed in district courts around the country after
Whole Foods stores pulled the product from their shelves upon learning that
it contains sodium benzoate as a preservative. An effort to have the actions
consolidated before a multidistrict litigation court failed; additional details
about that ruling appear in Issue 422 of this Update. See Law360, June 25,
2012.