Plaintiff Alleges Whole Foods Chocolate Is Mislabeled

A consumer has filed a putative class action alleging Whole Foods Market Group Inc. mislabels its chocolate-coated ice cream bars because the “purported chocolate contains vegetable oils.” Mitchell v. Whole Foods Mkt. Grp. Inc., No. 20-8496 (S.D.N.Y., filed October 12, 2020). “Consumers want chocolate in chocolate products to come from a real source, i.e., from cacao beans,” the complaint asserts. “Chocolate provides greater satiety and a creamy and smooth mouthfeel compared to other ingredients which substitute for chocolate, like vegetable oils, which provide less satiety, a waxy and oily mouthfeel and leave an aftertaste.” The plaintiff argues that the product’s chocolate “contains ingredients not found in real chocolate,” such as organic expeller pressed palm kernel oil, and alleges the inclusion of the ingredients amounts to fraud, negligent misrepresentation and unjust enrichment as well as violations of the Magnuson-Moss Warranty Act and New York’s consumer-protection statutes.