Whole Foods Graham Cracker Class Action Lawsuit Upheld, In Part, By Judge

A Whole Foods graham cracker product class action lawsuit is being chipped away at by a federal judge.

The grocer is facing allegations its 365 Everyday Value branded Organic Honey Graham Crackers are fraudulently marketed.

Lead plaintiff Chandra Campbell argues consumers are led to believe the graham crackers are made from whole wheat and sweetened with honey. Instead the Whole Foods brand is made from refined flour and sugar. 

Campbell’s argument was upheld in part by U.S. District Judge Gregory H. Woods, but not on others. 

Campbell’s initial complaint claimed reasonable shoppers assume graham crackers are made from whole wheat but Judge Woods disagreed.

“When reading the phrase ‘graham cracker,’ this Court too does not think of whole wheat flour—or, frankly, anything particularly healthy,” Judge Woods said in his decision filed Feb. 2. “The crackers might have been named after a famous person named Graham, in the way that Peach Melba and Melba Toast were named after an opera singer.”

Campbell’s claims on misleading sweetener have more standing, according to the judge, who referred to the images of honey on the boxes of Whole Foods graham crackers. 

Campbell “adequately alleged that the packaging is likely to mislead a reasonable consumer into thinking that the product’s primary sweetener is honey,” Judge Woods said.

Unlike litigation surrounding the use of vanilla, according to Judge Woods, the flavor of honey can only come from honey.  

Judge Woods is allowing Campbell to refile claims that were dismissed. 

Whole Foods has defended its food labeling practices in at least one other class action lawsuit in the past.

In 2019, its 365 Everyday Value brand of oatmeal was accused of having too much hidden sugar. The product’s second ingredient was labeled as “organic dehydrated cane juice solids.” 

Last year in December, the U.S. Food and Drug Administration sent Whole Foods a warning letter after it issued 32 food recalls over undeclared allergens. 

Formally the class action lawsuit is accusing Whole Foods of negligent misrepresentation, breach of warranty, fraud, unjust enrichment and violating New York General Business Law.

Do you buy Whole Foods Honey Graham Crackers? Do you expect graham crackers to be made from whole wheat? Let us know what you think in the comments below. 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates.

The Whole Foods Honey Graham Cracker Class Action Lawsuit is Campbell v. Whole Foods Market Group Inc., Case No. 1:20-cv-01291, in the U.S. District Court for the Southern District of New York.

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