The Fresh Market Class Action Lawsuit Challenges Lack of Nutrition Labels

The Fresh Market faces a class action lawsuit alleging that the company failed to include nutrition label information on bakery goods.

Plaintiff Joe Myhand says that he and other consumers were unable to make informed decisions due to a lack of nutrition labels on Fresh Market bakery goods. The Alabama man also says that the lack of a nutrition label violates industry requirements set by the U.S. Food and Drug Administration (FDA).

“Plaintiff expected that the Defendant’s bakery goods were being baked, packaged and sold in conformity with legal requirements,” the Fresh Market nutrition label class action lawsuit contends.

“After the purchase, Plaintiff learned that such was in violation of the Food & Drug Administration’s (FDA) clear requirements to place Nutrition Labels on its food products.”

According to the FDA, Nutrition Facts labels help consumers make “quick, informed” decisions to assist them in choosing healthy food options. A nutrition label has a variety of information including serving sizes, calories, nutrient data, and percentages of daily recommended nutrient values. This information intends to let consumers know the contents of the food they eat and whether food items will fit their lifestyle.

Nutrition label data is not only helpful – it is also legally required under the Nutrition Labeling and Education Act (NLEA) which amended the Food Drug and Cosmetics Act. Under NLEA, foods must bear a nutrition label and other labeling which conforms to the nutrient content of the products. The law also requires that certain health messages comply with specifics on the nutrient labels.

Despite nutrition label standards being “stringently required and meticulously stated,” Myhand says that Fresh Market fails to include such information on their bakery goods.

The plaintiff argues that Fresh Market receives the dough for their bakery goods from either a third-party vendor or a central Fresh Market location. This dough is reportedly received through shipments and baked in store. After this, the bakery goods are reportedly placed in plastic, see-through containers with labels detailing the ingredient list and product name.

Although Fresh Market includes an ingredient list and product name in line with FDA requirements, the company allegedly fails to affix a nutrition label to the bakery goods – thereby violating federal law, according to Myhand.

“Despite being notified of their nutrition labeling requirements, Fresh Market has continued to ‘skirt’ their legal obligation to the law and to the American public,” Myhand argues. “The manner that Fresh Market places their bakery products for sale is important in defining its responsibility.”

Myhand notes that there are some exceptions to nutrition label requirements. For example, pure bakeries are exempt from including nutrition labels on bakery goods as these items are made on site from scratch.

In a 2009 report Guidance for Industry: A Food Labeling Guide, the FDA noted that “[f]oods which are served or sold for use only in restaurants and other establishments in which food is served for immediate consumption are exempt from nutrition labeling.”

“However,” the agency wrote, “if there is a reasonable possibility that the product will be purchased directly by consumers (e.g. club stores), nutrition information is required.” This information was later reaffirmed in a 2013 guide from the FDA.

The plaintiff argues that Fresh Market is not covered under this exemption because their bakery goods are merely baked from pre-made dough and packaged to be sold.

According to the class action lawsuit against Fresh Market, consumers can’t make an informed decision without the information provided by a nutrition label. Due to the lack of proper labeling, consumers like Myhand have allegedly received products which are of lesser value than what they paid.

“Federal law leaves little room to argue against the importance that the FDA places on proper food labeling. In fact and in law, by Fresh Market not placing Nutrition Labeling on their bakery goods, FDA states that Fresh Market is misleading consumers by marketing misbranded food,” Myland argues in his Fresh market nutrition label class action lawsuit.

The Fresh Market class action lawsuit includes claims of breach of contract, breach of warranty, and violation of the Alabama Declaratory Judgement Act.

Myhand seeks to represent a Class of consumers who purchased Fresh Market bakery goods. He also seeks to represent a subclass of consumers who live in Alabama and purchased Fresh market bakery goods.

Oh behalf of himself and the proposed Class Members, Myhand seeks statutory damages, punitive damages, economic damages, compensatory damages, interest, injunctive relief, declaratory relief, court costs, and attorneys’ fees.

Did you purchase Fresh Market bakery goods without a nutrition label? Share your experiences in the comment section below.

Myhand and the proposed Class are represented by Charles M. Thompson.

The Fresh Market Nutrition Label Class Action Lawsuit is Joe Myhand v. The Fresh Market Inc., Case No. 2:20-cv-01358-AKK, in the U.S. District Court for the Northern District of Alabama.

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