JPML Sends Whole Foods Greek Yogurt Class Action Lawsuits to Texas

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The Judicial Panel on Multidistrict Litigation (JPML) has centralized several Whole Foods false labeling class action lawsuits in federal court in Western Texas, all concerning false labeling of sugar content in their store-brand Greek yogurt.

The JPML based its decision on the fact that many of the plaintiffs wanted the case moved there as their first preference. Furthermore, since all of the Whole Foods defendant entities are located in Texas, the decision said locating the centralized cases there would eliminate inconsistent rulings, enable production of documents to happen more quickly, and also cut down on resources associated with the class action lawsuits for the plaintiffs, defendant, and the judiciary.

Each of the Whole Foods class action lawsuits focuses on a study published in Consumer Reports which found that the sugar content of Whole Foods’ store brand Greek yogurt (365 Everyday Value Plain Greek Yogurt) was more than five times higher than the label’s listed two grams per serving. As a result, people who allegedly bought the brand of Greek yogurt thinking it would be a healthier alternative to other options put themselves at risk of higher blood sugar, according to several of the complaints.

The false labeling class action lawsuits also allege that Whole Foods knew about the error in the Greek yogurt labeling, but carried forward in order to obtain competitive advantage over other yogurts in the market, and that Whole Foods’ testing of the claims it made on the label was negligent, leading to increased health risks, particularly for consumers with diabetes and other blood sugar related health concerns.

All parties in the action supported centralizing the Whole Foods class action lawsuits, but there was dispute about preferred venue. Existing venues for the now centralized actions included the District of Massachusetts, the Southern District of New York, the Central District of California, and the Middle District of Florida.

Some plaintiffs wanted the cases to be centralized in U.S. District Court for the District of Massachusetts, which the judges on the JPML had noted. However, the JPML ruled in favor of the majority as well as the defendant, and noted that the transferee judge has years of experience with complex litigation and multiple class action lawsuits.

Plaintiff 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 Greek Yogurt Class Action Lawsuits are centralized as In Re: Whole Foods Market Inc. Greek Yogurt Marketing and Sales Practices Litigation, MDL No. 2588, in the U.S. District Court for the Western District of Texas.

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.

UPDATE 3: On Sept. 1, 2016, Whole Foods opposed a sanctions request over destroyed Greek yogurt products, telling a federal court judge the grocery retaileris not to blame that the Class of consumer plaintiffs was not able to conduct testing on the 365 Everyday Value Greek yogurt products in question and that the case should be dismissed entirely.