Putative Class Action Accuses Whole Foods of Greek Yogurt Sugar Content Mislabeling

A plaintiff has alleged in Massachusetts federal court that Whole Foods
Market mislabels its 365 Everyday Value Plain Greek Yogurt as containing 2
grams of sugar per serving despite Consumer Reports tests showing that a
serving of the product contains an average of more than 11 grams of sugar.
Knox v. Whole Foods Market, No. 14-13185 (U.S. Dist. Ct., D. Mass., filed Aug.
1, 2014). According to the complaint, the plaintiff learned about the alleged
labeling discrepancy from Consumer Reports magazine, which tested six
samples of 365 Everyday Value Plain Greek Yogurt and apparently found the
average sugar content to be nearly six times the amount listed on the label.
Whole Foods reportedly responded to the magazine’s findings by asserting
that it relied on testing results from reputable third-party labs. The plaintiff
alleges breach of warranty, unjust enrichment and negligence, and he seeks
class certification, compensatory and punitive damages, attorney’s fees, an
injunction, and court declarations that the yogurt label contained false and
misleading nutritional information and that Whole Foods knew or should
have known about the false information on the label.

Issue 533