Whole Foods Class Action Says Almondmilk Is Falsely Advertised

A recent Whole Foods class action claims that the natural grocer misrepresents its almondmilk as containing mostly real vanilla.

Over the past decade, dairy milk alternatives have gained more traction. Consumers may choose to purchase these products based on an allergy, avoidance of animal products, or other reasons.

Plaintiff Omar Pinkston claims that the vanilla almondmilk sold by Whole Foods is deceptively advertised based on the flavoring of the products.

These products are allegedly labeled as “vanilla” almondmilk despite containing other flavoring such as “natural flavors” and “organic natural flavor.”

These additional flavorings are reportedly above “organic vanilla extract” in the ingredient list, indicating that the products have more non-vanilla flavoring than they do real vanilla.

Pinkston argues that Whole Foods cannot market its almondmilk products as “vanilla” because these descriptors mislead consumers about the flavoring of the products.

“The front label representations of ‘Vanilla’ are misleading because the Products (1) contain an insufficient amount of vanilla to independently characterize the Products and (2) the ‘natural flavor’ does not simulate or resemble vanilla,” the Whole Foods class action claims.

Pure vanilla derived from vanilla beans is far more expensive than artificial vanilla flavoring, reportedly leading manufacturers to wrongfully portray their products as flavored with pure vanilla when they actually use other flavors to reinforce the vanilla taste. Federal regulations reportedly aim to protect consumers from fraud commonly associated with vanilla flavoring.

Under these regulations, products can only be described as “vanilla” products if vanilla extract is the only flavor. When other flavorings are used, the descriptions allegedly need to include qualifying phrases such as “flavored” or “with other natural flavors.”

Pinkston argues that Whole Foods’ vanilla almondmilk would not be deceptively marketed if it was described as “Natural Vanilla Flavored” or “Vanilla Flavored.” Because Whole Foods allegedly fails to include qualifying statements that reflect their use of other flavorings, Pinkston argues that they falsely advertise their products to consumers.

This advertising allegedly causes consumers like Pinkston to purchase the almondmilk products or pay more for the products than they might have.

Pinkston seeks to represent a Class of consumers who purchased Whole Foods vanilla almondmilk. He also seeks to represent a subclass of the same consumers from New York.

Did you purchase almondmilk from Whole Foods? Let us know in the comment section below?

Pinkston and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC and Michael R. Reese of Reese LLP.

The Whole Foods Almondmilk Class Action Lawsuit is Pinkston v. Whole Foods Market Group Inc., Case No. 1:19-cv-09362, in the U.S. District Court for the Southern District of New York.

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