A plaintiff has filed a putative class action alleging that Whole Foods Market Group Inc. misleads consumers by selling sparkling mineral water in a lemon raspberry flavor without an “appreciable amount” of lemons and raspberries. Kelly v. Whole Foods Mkt. Grp. Inc., No. 21-3124 (S.D.N.Y., filed April 11, 2021). The label of the water contains images of lemons and raspberries, the complaint asserts, and consumers “will expect the presence of a non-de minimis amount of lemon and raspberry ingredients, based on the pictures of these fruits.” The plaintiff argues that the ingredient list, which shows the contents as “carbonated mineral water, organic natural flavors (raspberry, lemon),” fails to inform consumers the flavoring “mainly consists of flavors from fruits other than lemons and raspberries.” “Because lemon oil and raspberry oil or raspberry extract are not separately identified ingredients, it means that any real lemon or raspberry flavoring is at most a de minimis or a trace amount and is part of the ‘Organic Natural Flavor.’ ingredient,” the complaint asserts. The plaintiffs allege violations of New York’s consumer-protection statute, fraud, negligent misrepresentation and breach of warranty.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.