Whole Foods accused of false advertising over tilapia weight

Whole Foods false advertising overview:

• Who: Plaintiff Michael Daly has filed a class action lawsuit against Whole Foods Market Group.
• Why: Whole Foods allegedly falsely advertises the weight of its 365-brand tilapia fillets, causing consumers to overpay.
• Where: The Whole Foods false advertising class action lawsuit was initially filed in the Circuit Court for Cook County, Illinois.
• What are my options: Health-conscious consumers may wish to consider the Mayo Clinic Diet.

Whole Foods Market Group Inc. is facing a class action lawsuit alleging it intentionally misrepresents the amount of fish contained in its packages of 365 by Whole Foods Market Tilapia Fillets.

Plaintiff Michael Daly filed the Whole Foods false advertising class action lawsuit March 3 in the Circuit Court for Cook County, Illinois, but Whole Foods filed a motion to remove the case to Illinois federal court on April 18.

Whole Foods false advertising causes consumers to overpay for tilapia fillets, plaintiff says

Daly says he purchased a 365 by Whole Foods Market Tilapia Fillet product with an advertised weight of 907 grams per bag in January 2023. He notes the federal government sets standards for checking the net content of packaged goods, and sets a limit for variation from the labeled weight.

The Whole Foods class action lawsuit claims that fish fillets are glazed with a thin layer of ice to protect the product’s freshness. However, Daly says, the Whole Foods fish fillets are overglazed to sell the tilapia at a weight higher than the amount customers actually receive.

According to the Whole Foods false advertising class action lawsuit, Daly’s legal counsel conducted an investigation that determined about 80% of the Whole Foods fish products were misweighted due to overglazing.

Because Whole Foods allegedly fraudulently labeled the weight of the fish products, Daly says, he and other putative class members were overcharged for the products.

Whole Foods has been unjustly enriched by misrepresenting the weight of the tilapia fillets, Daly alleges.

Daly filed the Whole Foods false advertising class action lawsuit on behalf of himself and a proposed class of consumers in the United States who purchased the tilapia products in the last five years. He also seeks to represent a subclass of Illinois consumers.

The Whole Foods false advertising class action lawsuit asserts claims for violations of the Illinois Consumer Fraud and Deceptive Businesses Practices Act and common law fraud.

Another recent Whole Foods class action lawsuit alleges the company falsely advertises 16-inch pizzas as 18-inch pizzas.

What do you think about the Whole Foods false advertising allegations? Tell us your thoughts in the comments!

The plaintiff is represented by Steve G. Perry of Law Offices of Todd M. Friedman PC.

The Whole Foods class action lawsuit is Michael Daly, et al. v. Whole Foods Market Group Inc., Case No. 1:23-cv-02427, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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