Whole Foods class action claims retailer falsely advertises antibiotic-free beef

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Whole Foods antibiotic-free beef class action overview: 

• Who: A group of consumers is suing Whole Foods over its beef products.
• Why: The consumers claim Whole Foods markets its beef as antibiotic-free when it is not.
• Where: The class action lawsuit was filed in a California federal court.

Whole Foods lies to customers its beef products are “antibiotic-free” when independent testing has allegedly found traces of antibiotics in the meat, a new class action lawsuit claims. 

Plaintiffs Sara Safari, Peymon Khaghani and Jason Rose filed the class action complaint against Whole Foods Market Inc. on Aug. 23 in a California federal court, alleging violations of state and federal consumer laws.

The lawsuit relates to Whole Foods’ marketing of its beef products, including rib-eye, sirloin, strip steaks, roast beef and more.

According to the class action, Whole Foods markets its beef with the slogan, “No Antibiotics, Ever.” 

But independent testing has shown that Whole Foods’ claim it sells only antibiotic-free beef is false, the lawsuit alleges.

Whole Foods beef contains traces of antibiotics, lawsuit claims

The plaintiffs say Farm Forward — a nonprofit organization seeking to end factory farming — recently found beef sold by Whole Foods contained antibiotic and other pharmaceutical residue. 

“The presence of this residue demonstrates the cattle were treated with antibiotics or other pharmaceuticals while being raised,” the lawsuit states.

The plaintiffs also allege Whole Foods’ internal emails show its executives rejected the opportunity to investigate the accuracy of its “No Antibiotics, Ever” claims.

“Unreceptive to testing cattle in its supply chain, Whole Foods continued promoting its beef products as antibiotic-free,” the plaintiffs say. 

The alleged false claims are dangerous because administering routine antibiotics to farmed animals contributes to the development of antibiotic-resistant bacteria in the animals that are spread to humans, they say.

As a result, consumers overpaid for the beef products, the lawsuit claims.

The plaintiffs are looking to represent anyone in the United States who purchased a beef product from Whole Foods between 2017 and now, plus a California Subclass.

They’re suing for violations of California state consumer laws, and for unjust enrichment, fraudulent concealment and seeking certification of the class action, damages, fees, costs and a jury trial.

Whole Foods has been the target of several class actions this year.

In July, a federal judge in California declined to dismiss a class action lawsuit accusing Whole Foods of tricking its customers into believing its 365 Everyday Value brand coffee creamer contains natural vanilla flavoring. 

Earlier this month, a federal judge in Illinois dismissed a class action lawsuit accusing Whole Foods of underfilling the boxes of its Everyday 365 brand rice pilaf product. 

What do you think of the Whole Foods antibiotic-free beef claims in this lawsuit? Let us know your thoughts in the comments! 

The plaintiffs are represented by Paige M. Tomaselli and Dylan D. Grimes of Grime Law LLP; Adam E. Polk, Jordan Elias, Simon Grille and Jordan Isern of Girard Sharp LLP; and Gretchen Elsner of Elsner Law & Policy LLC.

The Whole Foods Market class action lawsuit is Sara Safari, et al. v. Whole Foods Market Inc., Case No. 8:22-cv-01562, in the U.S. District Court for the Central District of California, Southern Division. 

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