Consumers Concerned About Food Allergies File Class Action Lawsuit Against Whole Foods

A New York City man has filed a class action lawsuit alleging Whole Foods doesn’t properly disclose ingredients in its products that could be harmful to people who suffer from food allergies.

Lead plaintiff Howard Akridge claims the company fails to accurately identify allergens in its store brands.

Whole Foods sells many products under its brands such as Organic 365 Everyday Value, the plaintiff says. The products include foods such as fish, soups and bakery items that are prepared in order to be consumed fresh. 

Akridge says millions of Americans who have food allergies shop at Whole Foods because they expect the chain, which focuses on natural and organic foods, “would not compromise their safety.”

Consumers with food allergies are careful to check product ingredient lists to confirm the items do not contain allergens — such as milk, shellfish, peanuts, soybeans or tree nuts — that will harm them, Akridge says.

Reactions to food allergies can vary, from mild symptoms such as hives to more serious symptoms such as anaphylaxis, the class action lawsuit points out.

Akridge argues state and federal regulations require allergens to be identified.

However, Whole Foods “has engaged in a pattern of failing to properly disclose the presence of allergens in its Products,” the complaint says.

The class action lawsuit points out the Food and Drug Administration (FDA) has issued a warning to Whole Foods over the company’s 32 product recalls over mislabeled allergens in the past year.

Akridge says he shopped at Whole Foods expecting the store to “hold themselves to the higher standard they have set for themselves” through their alleged commitment to leaving out synthetic and harmful ingredients in food.

“Plaintiff did not expect that Defendant would nonetheless fail to fulfill its minimum responsibilities of disclosing allergens,” the class action lawsuit says.

He says he purchased many items at Whole Foods not only between October 2019 and November 2020, when the 32 recalls took place, but also in the six years before that.

Akridge says he relied on the products’ ingredient list to be accurate and would not have purchased the products had he known they contained allergens.

Akridge formally accuses Whole Foods of violating New York General Business Law and of breaches of express warranty, implied warranty of merchantability and the Magnuson Moss Warranty Act; fraud; negligent misrepresentation; and unjust enrichment.

He demands a jury trial and seeks injunctive relief to correct Whole Foods’ alleged wrongdoing; restitution and disgorgement; monetary and statutory damages with interest; costs and expenses; and any further relief the Court deems just.

Do you have food allergies? Have you had an allergic reaction to an item you purchased at Whole Foods? Tell us about your experience in the comments below.

The plaintiff is represented by Spencer Sheehan of Sheehan and Associates PC.

The Whole Foods Food Allergies Class Action Lawsuit is Howard Akridge, et al. v. Whole Foods Market Group Inc., Case No. 1:20-cv-10900, in the U.S. District Court for the Southern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

• Pecans Prompt Publix Holiday Cookies Recall
• Onion Recall Lawsuit Filed Over Salmonella Outbreak
• Vatican’s McCarrick Report Blames Pope John Paul II, Others
• California Regulators Fine Uber $59M For Withholding Sexual Assault Data