Whole Foods Lemon Raspberry Mineral Water Not Lemony Enough, Class Action Alleges

Whole Foods sells a Lemon Raspberry Italian Sparkling Mineral Water that is not lemony enough and contains a negligible amount of raspberries, a new class action lawsuit alleges.

The multi-state lawsuit was filed Sunday by New York Plaintiff Kevin Kelly in New York federal court, and alleges that Whole Foods Market violated state and federal laws in advertising its sparkling water.

According to Kelly, the grocery chain’s marketing of its sparkling water as “Lemon Raspberry,” coupled with images on the bottle of fresh lemons and raspberries is deceptive and misleading because the beverage contains undetectable levels of the fruits. 

“Contrary to the representations, the product does not contain an appreciable amount of lemon and raspberry ingredients, nor is its flavor only and/or predominantly from lemons and raspberries,” the lawsuit alleges.

The mineral water contains “organic natural flavor” which may have some raspberry and lemon in it, the lawsuit alleges, but likely mainly consists of flavors from other fruits. 

“[Organic] Natural Flavor” is the term used where multiple extractives from real fruit ingredients, along with additives and solvents, are combined in a laboratory,” the lawsuit states.

Kelly alleges the compounds used to make the flavoring are cheaper than using real lemons and raspberries, and that the drink lacks an authentic raspberry or lemony taste. 

To strengthen his case, Kelly cites flavor expert Bob Holmes who says, “If you were getting all the flavor depth of the lemon [or raspberry] itself, the label would likely read ‘lemon juice’ or ‘lemon oil,’ not ‘natural lemon flavor.’” 

Kelly says he bought the sparkling mineral water at a Whole Foods in Manhattan last year for no less than $1.79 for 33.8oz, plus tax. He would not have bought it, or would have paid less for it, had he known the truth about the flavoring, he says.

Kelly is looking to represent a Class of consumers who bought the product and live in either New York, Wyoming, Maine, Utah, Virginia, Vermont, Delaware or Ohio. 

He is suing under New York General Business Law consumer protection statutes, and for breach of federal warranty laws, negligent misrepresentation, fraud and unjust enrichment. 

He is seeking certification of the Class, an injunction forcing Whole Foods to correct its alleged illegal practices, damages, costs, lawyer’s fees and a jury trial. 

Meanwhile, Whole Foods — which is owned by tech giant Amazon — is facing several other lawsuits over the marketing of its products. 

In February, a judge gave the green light for parts of a class action lawsuit alleging Whole Foods’ 365 Everyday Value branded Organic Honey Graham Crackers are fraudulently marketed. 

The lawsuit argues consumers are led to believe the graham crackers are made from whole wheat and sweetened with honey, when they are made from refined flour and sugar. 

In another February lawsuit, consumers allege the grocery store is tricking consumers into thinking its creamer is flavored with real vanilla when it uses artificial flavorings.

Do you think Whole Foods needs to be more transparent in its marketing of food and beverage products? Let us know in the comments! 

Kelly is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Whole Foods Sparkling Water Class Action Lawsuit is Kevin Kelly et al, v. Whole Foods Market Group, Inc., Case No. 1:21-cv-03124, in the United States District Court for the Southern District of New York.

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