Whole Foods Faces Greek Yogurt False Labeling Class Action Lawsuit

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Whole Foods Market Inc. was hit with a false labeling class action lawsuit last Friday and faces allegations that it purposefully mislabeled and misrepresented the amount of sugar content in 365 Everyday Value Plain Greek Yogurt, which is manufactured by Whole Foods.

According to the Whole Foods class action lawsuit, the 365 Plain Greek Yogurt is advertised and labeled as containing only 2 grams of sugar per serving when “in fact, in six recent tests conducted by the venerable consumer publication Consumer Reports, the Yogurt had 11.4 grams of sugar per serving on average — nearly six times the stated amount.”

As a result of this alleged misrepresentation, plaintiff Tracey Knox has filed a class action lawsuit against the popular grocery chain.

In response to the tests and findings of Consumer Reports, Whole Foods allegedly stated that the nutritional information on the Whole Foods brand Greek yogurt product is based off of tests results provided to Whole Foods Inc. by a third-party laboratory. However, the false labeling class action lawsuit alleges, “a more logical interpretation is that [Whole Foods] recognized a competitive advantage by providing nutritional information that was markedly better than the other manufacturers in the marketplace.”

Knox, a resident of Massachusetts, is a frequent Whole Foods customer who has bought the 365 Everyday Value Plain Greek Yogurt repeatedly, with the most recent purchase of the item occurring in July of this year. Because of the Greek yogurt is labeled as containing only two grams of sugar per serving, Knox alleges she regularly chose to buy the Whole Foods brand 365 Greek yogurt.

At the time of her last purchase of the product, Knox alleges she had not been aware of the Consumer Report findings about the Whole Foods brand Greek yogurt’s sugar content. Additionally the class action lawsuit claims that Whole Foods “was made aware of the discrepancies demonstrated by Consumer Reports’ testing. Despite notice of the discrepancy Defendant has not removed the Yogurt from the shelves or provided any corrective notice to purchasers, like Plaintiff.”

As a result, Knox and other consumers allegedly continued purchasing the Whole Foods’ product under the belief that they were buying a Greek yogurt with lower sugar content per serving than other competing brands.

The Whole Foods false labeling class action lawsuit potentially affects many health conscious consumers, because according the allegations, “For those with health conditions, such as diabetes, the accuracy of sugar content in products is extremely important. Defendant has a duty to provide accurate information on its product label and has failed to do so[.]

Knox seeks to represent a nation-wide Class of consumers, which includes “all persons and entities within the United States that purchased the Yogurt on or after August 1, 2010,” as well as a subclass of consumers residing in Massachusetts.

Tracy Knox is represented by Matthew E. Miller and William H. Anderson of Cuneo Gilbert & Laduca LLP, Erica C. Mirabella of Mirabella Law and Jon Herskowitz of Baron & Herskowitz.

The Whole Foods False Labeling Class Action Lawsuit is Knox v. Whole Foods Market Inc., Case No. 1:14-cv-13185, in the U.S. District Court for the District of Massachusetts.

UPDATE: On Mar. 4, 2016, attorneys representing the plaintiffs in the Whole Foods class action lawsuit asked a judge to grant sanctions on the health food giant because it knowingly destroyed all of its 0% and 2% Greek yogurt sold under the Whole Foods 365 Everyday Value store brand.

UPDATE 2: On Mar. 25, 2016, Whole Foods fired back against allegations that it intentionally destroyed evidence in a consumer class action lawsuit involving claims it misrepresented the amount of sugar in its Greek yogurt.