Anne Bucher  |  November 10, 2014

Category: Consumer News

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Blue Diamond Almond BreezeA class action lawsuit that was filed Friday in California accuses Whole Foods Market California Inc. of selling misbranded products. Specifically, the Whole Foods class action lawsuit alleges the company sells Blue Diamond almond milk products that are mislabeled as “Non-GMO” in violation of California’s Sherman Law and consumer protection laws.

Plaintiff Michelle Richard filed the Whole Foods class action lawsuit on behalf of herself and other consumers who have purchased Blue Diamond Refrigerated Almond Breeze Original Almond Milk and/or Blue Diamond Refrigerated Almond Breeze Vanilla Almond Milk products with the Non-GMO Project Verified label.

According to the GMO labeling class action lawsuit, Richard purchased the Almond Breeze products at one to two times per week between January and June. She alleges that she, as a health-conscious consumer, read and relied upon the Non-GMO Project Verified labels when choosing to purchase the products.

“GMOs, or genetically modified organisms, are plants or animals created through gene splicing techniques of biotechnology, also known as genetic engineering,” the Whole Foods class action lawsuit says. “The evidence of risk and actual harm from genetically modified foods and crops to our health and environment is constantly growing. GMOs have been linked to thousands of toxic and allergic reactions, sick sterile and dead livestock, and damage to almost every organ and system studied in lab animals,” Richard alleges in the GMO labeling class action lawsuit.

According to the Whole Foods class action lawsuit, the Non-GMO Project Verified label indicates that a product has been verified as having been produced according the best practices for genetically modified organism avoidance by the Non-GMO Project, a nonprofit organization that is dedicated to building awareness about GMOs. The Non-GMO Project Verified is reportedly one of the fastest-growing labels in the natural food sector. There are currently more than 20,000 Non-GMO Project Verified products available on the market today.

Richard alleges Whole Foods sells Almond Breeze almond milk that bears the Non-GMO Project Verified label in order to profit on the public’s growing interest in non-GMO foods. She claims Whole Foods sells products with the Non-GMO Project Verified label even though they have not actually been verified by the Non-GMO Project.

The GMO labeling class action lawsuit alleges Whole Foods illegally marketed, advertised, distributed and sold misbranded products to consumers in California and throughout the United States. Richard seeks an injunction to prevent Whole Foods from continuing to market and sell these allegedly misbranded products as well as an award of damages to Class Members.

Richard asserts that Whole Foods has violated California’s Unfair Business Practices Act, False Advertising Act and Consumers Legal Remedies Act. The Whole Foods class action lawsuit also asserts claims for negligent misrepresentation and breach of quasi-contract.

Richard is represented by Brett Shainfeld and Jessica Anvar of Shainfeld & Anvar PC and Todd Friedman of the Law Offices of Todd M. Friedman PC.

The Whole Foods GMO Labeling Class Action Lawsuit is Michelle Richard v. Whole Foods Market California Inc., Case No. BC563304, in the Superior Court of the State of California, County of Los Angeles.

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49 thoughts onWhole Foods Hit with GMO Labeling Class Action Lawsuit

  1. Marlon Romero says:

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  5. Brent Tibbetts says:

    Since there are NO GMO almonds on the market, it doesn’t matter if it is labeled or not. It also wouldn’t matter if no actual investigation was done prior to labeling, because there aren’t any. A government approval process is required to commercially produce any GMO product. No almonds have gone through this process. I smell frivolous law suit.

  6. David Darell Galbraith says:

    To Fellowtraveler, If GMOs are not dangerous, then why not label them? The pesticide suit would not have to prove damage, it should suffice to prove trespass. Nursing Mothers are finding glyphosate in their breast milk even when these Mothers are eating healthy. Thats because this poison in the air, and in the rain. Companies that create GMOs don’t care about your or my health, and neither does the FDA, CDC, USDA, of any of the ABCs of the Government. This is a very deep subject that requires massive amounts of study. GMOs are as much a poison as the poisons that they are resistant to, that all end up in our food supply, while our government agencies sit on their fat wallets that were fattened by GMO companies. There are very legitimate reasons to fear GMOs, but not one good reason to sue Whole Foods in this case.

  7. David Darell Galbraith says:

    I fail to see why the plaintiff is suing Whole Foods rather than the actual company that is doing the mislabeling, the Blue Diamond Company. Could someone explain to me how Whole Foods is responsible for this? David Darell Galbraith

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