Whole Foods settlement moneyTop Class Actions viewers are receiving settlement checks in the mail from a Whole Foods kombucha settlement, worth as much as $24.92.

Class Members included all those individuals who purchased some Health-Ade Kombucha beverages between March 6, 2014 and May 24, 2019. 

Kombucha flavors included in the settlement include Beet, Blood Orange-Carrot-Ginger, California Grape, Cayenne Cleanse, Ginger-Lemon, Holiday Cheers, Jalapeño-Kiwi-Cucumber, Maca-Berry, Matcha + Cold Brew Coffee, The Original, Pink Lady Apple, Plum, Pomegranate, Power Greens, Reishi-Chocolate, and Sweet Thorn.

Kombucha makers Health-Ade and retailer Whole Foods agreed to pay nearly $4 million to end claims that their kombucha beverages contained alcohol, though they were advertised as non-alcoholic. 

The settlement provided a refund for customers who purchased the kombucha, in the amount of $4 per bottle. Customers who provided proof of their purchase were eligible to receive up to $80, and those who did not have proof of purchase were eligible to receive up to $40.



For their role in the Whole Foods Health-Ade kombucha class action lawsuit, named plaintiffs each received an award of $2,000. 

Per the terms of the settlement deal, Health-Ade agreed to change the label on its kombucha products to warn consumers — especially pregnant and breast-feeding consumers — that the beverages could contain trace amounts of alcohol. 

Health-Ade has also agreed to alter its recipe, to better control the amount of alcohol produced during the fermentation process that is necessary to make kombucha, and to test the product for alcohol amounts.

Whole Foods settlement checks

settlement checks



Whole Foods settlement checks

settlement checks

Whole Foods settlement checks

settlement checks

Whole Foods settlement checks



settlement checks

The deadline to file a claim in the Whole Foods kombucha false advertising class action lawsuit was Aug. 27, 2019.

Gabriella Bayol first filed the Whole Foods kombucha class action lawsuit in 2018, and later, Bruce Verbeck joined. The two customers argued that the Health-Ade Kombucha beverages, sold by Whole Foods, contained more sugar and alcohol than advertised.

Allegedly, the excess sugar caused the fermentation process to produce more alcohol than advertised. According to Bayol and Verbeck — the beverages contained more than 0.5 percent alcohol by volume, which is more than the amount allowed by federal law for a beverage to be labeled as non-alcoholic.

The Whole Foods Health-Ade kombucha class action lawsuit argued that this alcohol content could be harmful to consumers, especially because consumers may choose to drink kombucha because they are trying to avoid alcohol, including those who are pregnant, breast-feeding, or those who are struggling with an alcohol addiction.

Additionally, Bayol and Verbeck argue that all purchasers were subjected to false advertising because of the kombucha’s inaccurate labeling. 

Do you drink kombucha? Tell us about it in the comments below.

Congratulations to our Top Class Actions readers who submitted a valid claim and got PAID! If you missed out, sign up for our free newsletter to receive updates on new class action lawsuits and settlements. You can also check out which class action settlements are still accepting claims in our Open Class Action Settlements section.

The customers are represented by L. Timothy Fisher, Joel D. Smith, Yeremey Krivoshey and Scott A. Bursor of Bursor & Fisher PC.

The Whole Foods Kombucha Alcohol Content Class Action Lawsuit is Gabriela Bayol, et al. v. Health-Ade LLC, et al., Case No. 3:18-cv-01462, in the U.S. District Court for the Northern District of California.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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15 Comments

  • Ira Carter February 25, 2020

    Did not get my check i moved how could i make address change.

  • Luella R Carter February 25, 2020

    i did not get my check

  • James Rivard February 21, 2020

    I have not received my check yet.

  • Angi Lovings February 21, 2020

    Could someone help me? I need to do an address change. I haven’t received my check yet. Thank you

  • gwendolyn saddler February 18, 2020

    add me

  • Rosemary Gutierrez February 18, 2020

    Does anyone know if you change addresses do the check get forwarded or do they return to sender? TIA

  • Dawn Venta February 16, 2020

    No check yet

  • Dorothy Lindsey February 15, 2020

    Can you please tell me where my check is, mailed out in August, ND this is February, it should not take this long to get my check . I have purchased many of the flavors , I also have my claim number, please check and let me know ok. Thank You

  • Madeline Jones February 14, 2020

    DID NOT RECEIVE MY CHECK

  • Chris February 13, 2020

    Pathetic people ! If you didn’t know that their is a small amount of alcohol in kombucha you’re a moron. I can only imagine what a lot of the people looked like who made a claim for $40. Definitely mouth breathers who are extremely late to the kombucha trend.

    • Adrian February 14, 2020

      As with many of these class action lawsuits, a bunch of morons who can’t read a label or make educated decisions. All for a quick cash grab.

    • Chris February 23, 2020

      Fu.. mouth breather?! Wat r u ten?! This message is a reply to the ten yr old who’s supposed to be in bed rn Bc it’s passed his bedtime and he has hissy fits in the morning wen he don’t get 12-15hours of sleep

  • Karen Wong February 12, 2020

    Please add my name.

    • Jenigotham February 13, 2020

      Ridiculous. All kombucha has trace amounts of alcohol.

    • Michelle aeriola February 18, 2020

      I updated my address and didn’t receive my cheek I submitted receipts and I e mail them and that never repond

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