Whole Foods class action alleges 365-brand spices contain heavy metals

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Whole Foods class action overview:

• Who: A consumer sued Whole Foods and Amazon.
• Why: The plaintiff alleges Whole Foods’ 365-brand spices contain dangerous heavy metals.
• Where: The lawsuit was filed in a Washington federal court.

Whole Foods and Amazon sell 365-brand spices knowing they contain dangerous heavy metals such as lead, arsenic and cadmium, a new class action lawsuit alleges.

Plaintiff Sherri Pettis filed the class action lawsuit against Amazon.com and Whole Foods Market Inc. on Aug. 10 in a Washington federal court, alleging violations of state and federal consumer laws

Pettis alleges the companies fail to disclose to consumers that certain Whole Foods herbs and spices, including “365 By Whole Foods Market” basil, cumin and ground ginger, contain lead, arsenic and cadmium.

The allegations come after a November 2021 report by Consumer Reports stating many herbs and spices, including the Whole Foods products, had high enough levels of arsenic, lead and cadmium combined, on average, to pose a health concern for children when regularly consumed in typical serving sizes.

It adds that most of the levels raise concern for adults, too.

“Heavy Metals in foods pose a serious safety risk to consumers because they can cause cancer and serious and often irreversible damage to brain development as well as other serious health problems,” the Whole Foods class action states.

Whole Foods class action claims companies knew of the heavy metals

Pettis says no reasonable consumer would know, or have reason to know, that the products contained heavy metals.

She adds that, as companies across the industry have adopted methods to limit heavy metals in their herbs and spices, Amazon and Whole Foods “have stood idly by with a reckless disregard for their consumers’ health and well‐being.”

“Defendants knew that if the presence of toxic Heavy Metals in their herbs and spices was disclosed to Plaintiff and the Class members, then Plaintiff and the Class members would be unwilling to purchase them or would pay less for them,” the Whole Foods class action says.

Pettis is looking to represent anyone in the United States who purchased the herbs.

She’s suing for unjust enrichment, fraud and breach of warranty and seeking certification of the class action, damages, fees, costs and a jury trial.

This is not the first time a class action has been filed over the alleged presence of heavy metals in spices.

A class action lawsuit filed in March alleges spices sold by Amazon.com under its Happy Belly brand contain toxic heavy metals, including arsenic, cadmium and lead. 

That followed a class action lawsuit filed in January alleging McCormick & Co. Inc. fails to warn consumers some of its herbs and spices may be tainted with significant levels of toxic heavy metals.

Are you concerned about heavy metals in Whole Foods spices? Let us know your thoughts in the comments! 

The plaintiff is represented by Beth E. Terrell and Jennifer Rust Murray of Terrell Marshall Law Group PLLC. 

The Amazon/Whole Foods class action lawsuit is Sherri Pettis, et al. v. Amazon.com Inc., et al., Case No. 2:22-cv-01115, in the U.S. District Court for the Western District of Washington.

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