Whole Foods Ice Cream Bars Made With ‘Vegetable Oil Coating,’ Class Action Alleges

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Update: 

• A class action lawsuit accusing Whole Foods of mislabeling its organic chocolate ice cream bars was dismissed by an Illinois federal judge. 
• The judge ruled the plaintiff did not adequately show that the product’s labeling was misleading or false. 
• The plaintiff had focused on the quality of the product rather than the ingredients, according to the judge. 
• The judge also ruled the plaintiff was not able to show other consumers would interpret the labeling like she did. 
• The plaintiff claimed the labeling on Whole Foods organic chocolate ice cream bars misled consumers into believing they contained more chocolate than in reality.
• The plaintiff argued the product was coated in more palm kernel oil than a consumer would expect, which also gave the ice cream a “waxy and oily mouthfeel.” 

Whole Foods Ice Cream Bars Class Action Lawsuit Overview: 

• Who: Whole Foods has been hit with a false advertising class action lawsuit.
• Why: Consumers allege that the 365 brand Organic Vanilla Ice Cream Dipped in Organic Chocolate bars contain more vegetable oil than they do chocolate, misleading consumers and violating federal and state laws.
• Where: The lawsuit was filed in Illinois.

(10/20/2021)

Whole Foods 365 brand Organic Vanilla Ice Cream Dipped in Organic Chocolate bars contain more vegetable oil than they do chocolate, misleading consumers and violating federal and state laws, a new class action lawsuit alleges.

The lawsuit was filed in Illinois on October 17 by lead plaintiff Kayla Cerretti who alleges that Whole Foods Market Group, Inc, misled consumers and violated consumer protection laws with the marketing and advertising of its chocolate ice cream bars.

Whole Foods labels the bars in question with the statement that they are “made the old fashioned way with the finest organic ingredients,” adding that they are coated by “dunking our rich ice cream in chocolate for a smooth, thick shell.”

However, Cerretti says that those claims, and the language used to describe the bars such as “smooth” and “decadent,” are misleading because the bars contain less chocolate than consumers expect, and contain high levels of vegetable oils instead.

“What is described on the front and side label as ‘CHOCOLATE’ is actually ‘MILK CHOCOLATE AND VEGETABLE OIL COATING,’” she asserts in the claim.

Whole Foods Misleading Chocolate Advertising

Chocolate is defined by Merriam-Webster as a food “prepared from ground roasted cacao beans,” and to make chocolate the cacao beans are fermented, roasted, and shelled producing cacao nibs, the class action explains.

The nibs are ground to produce cocoa mass or chocolate liquor and then combined with dairy ingredients, sweeteners, and flavorings.

All definitions of chocolate exclude fats from sources other than cacao ingredients, namely, vegetable fats, Cerretti argues, adding consumers across all demographics increasingly prefer foods that are natural and avoid highly processed synthetic ingredients made with additives.

“Chocolate is made through fermentation, roasting, and grinding of cacao beans,” the claim states.

“In contrast, vegetable oils are highly refined and bleached, subjected to hydrogenation and interesterification, with chemical catalysts, such as nickel and cadmium.”

Whole Foods knows consumers prefer natural foods and advertises the ice cream bars as being in “Chocolate” and “Dipped in Organic Chocolate,” Cerretti says, despite the main ingredient in said chocolate being expressed palm kernel oil — as per the listed ingredients.

“Whether the coating of an ice cream bar is made only from chocolate ingredients or contains more vegetable oils than any chocolate ingredients, is basic front label information consumers rely on when making quick decisions at the grocery store.”

Cerretti says the substitution of vegetable oils contribute to a “waxy and oily mouthfeel and leave an aftertaste.”

She also says that chocolate has health and nutritional benefits that vegetable oils lack — specifically that chocolate can positively affect the heart and arteries against harmful free radicals, whereas vegetable oils raise cholesterol, contain artery-clogging trans-fats and saturated fats, and are linked to higher rates of heart disease.

Not only that, Cerretti says, but vegetable oils are much cheaper to use than cacao butter, but Whole Foods does not pass any of those savings on to its consumers.

“Consumers expect that companies — especially larger and respected businesses, like Whole Foods, to tell them the truth, not half-truths,” she says, adding she would not have paid what she did for the ice cream had she known the true ingredients.

Whole Foods has been hit with similar false advertising claims about its Chocolate & Almond Vanilla Ice Cream Bars in a class action lawsuit filed last year. The high-end grocer was also recently accused of misrepresenting the high levels of sugar in its Health-Ade Kombucha.

Cerretti wants to represent consumers in multiple states who purchased Whole Foods 365 brand Organic Vanilla Ice Cream Dipped in Organic Chocolate bars. She is suing for violations of Illinois Consumer Fraud and Deceptive Business Practices Act, breaches of warranty, negligent misrepresentation, fraud, and unjust enrichment.

She seeks certification of the Class, injunctive relief, damages, legal costs and fees, interest, and a jury trial.

Did you know that some “chocolate” products may contain more vegetable oils than actual chocolate? Stay on top of false ad class actions by signing up for TCA’s free newsletter!

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

The Whole Foods Chocolate Ice Cream Bars Class Action Lawsuit is Cerretti v. Whole Foods Market Group, Inc., Case No. 1:21-cv-05516 in the U.S. District Court Northern District of Illinois Eastern Division.

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