Whole Foods class action over 365 Everyday Value Vanilla Coffee Creamer to move forward

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Update:

• A federal judge in California declined to dismiss a class action lawsuit accusing Whole Foods of tricking its customers into believing that its 365 Everyday Value brand coffee creamer contains natural vanilla flavoring. 
• A consumer claims Whole Foods misleadingly and deceptively labels the coffee creamer as “Vanilla” and “Naturally Flavored,” alleging it actually contains ethyl vanillin, an artificial vanilla flavoring substance.
• Whole Foods had argued that there was “no way for the Court to review the testing’s complete objectives, methodology, results, controls and conclusions.”
• The judge overseeing the case rejected Whole Foods’ argument, ruling it plausible that the coffee creamer contains ethyl vanillin without having to fully review how the consumer tested for it. 

(June 15, 2021)

Whole Foods falsely advertises its 365 Everyday Value Vanilla Coffee Creamer, alleges a consumer who says the product is not “Naturally Flavored” by “Vanilla.”  

Lead plaintiff, Kaaron Warren, wants to represent other consumers who purchased the creamer in her class action lawsuit filed in California federal court Tuesday. Warren claims that Whole Foods dupes consumers into thinking its store-brand creamer contains real vanilla. In truth, the high-end grocer uses cheap, synthetic vanilla substitutes to make the product, claims the class action lawsuit.  

Warren says that she paid substantially more for 365 Everyday Value Vanilla Coffee Creamer than competing products because she thought it was made with real vanilla. Warren points to statements such as “VANILLA” and “Naturally Flavored,” as well as a picture of three vanilla pods and a flower on the bottle, contending that this marketing leads her and others to reasonably believe Whole Foods made the creamer with real vanilla.  

Contrary to the marketing of 365 Everyday Value Vanilla Coffee Creamer, testing reveals that the product uses synthetic ingredients derived from petroleum to make the product, alleges the class action lawsuit.  

The 365 Everyday Value class action lawsuit points out that the demand for vanilla products has skyrocketed; however, the supply of real vanilla has not kept up. Indeed, vanilla is time-consuming and expensive to produce, says Warren, and companies like Whole Foods have been turning to an inexpensive alternative – vanillin.   

Whole Foods has been misleading consumers about the vanilla content of their coffee creamer, charging as much as 56 percent more than competing products that do not claim to be “naturally flavored,” claims the plaintiff.  

Warren accuses Whole Foods of misleading consumers and violating Food and Drug Administration regulations with the deceptive labeling of its 365 Everyday Value Vanilla Coffee Creamer.  

The plaintiff wants to represent other consumers in Oregon and California who purchased the product since 2015 and is demanding damages from the grocer on their behalf.  

Have you purchased 365 Everyday Value Vanilla Coffee Creamer? Do you think it is falsely advertised? Tell us in the comment section below! 

The plaintiff is represented by Scott C. Borison of Borison Firm, LLC and Spencer Sheehan of Sheehan & Associates, PC.  

The 365 Everyday Value Vanilla Coffee Creamer False Ad Class Action Lawsuit is Warren v. Whole Foods Market California, Inc., Case No. 3:21-cv-04577 in the U.S. District for the Northern District of California.  

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