Whole Foods Class Action Lawsuit Challenges Hypoallergenic Labels

On Tuesday, Whole Foods Market Inc. was hit with a class action lawsuit accusing the company of improperly labeling some of its products as “hypoallergenic” in order to capitalize on the growing market for hypoallergenic products.

“However, despite its marketing scheme, WF’s products are chock-full of known skin sensitizers (allergens), agents that cause serious skin damage, chemicals that cause serious eye damage lasting longer than 21 days, skin irritants, and eye irritants,” plaintiffs Shosha Kellman and Abigail Starr allege in the Whole Foods class action lawsuit.

Kellman and Starr also claim the “hypoallergenic” products contain known carcinogens, mutagens, reproductive toxins and other hazardous chemicals.

According to the hypoallergenic products class action lawsuit, Whole Foods falsely and misleadingly represented the ingredients in its products as hypoallergenic.

“By deceiving consumers about the nature, quality, and/or ingredients of its products, WF is able to command a premium price, increasing consumers’ willingness to pay and take away market share from competing products, thereby increasing its own sales and profits,” the Whole Foods class action lawsuit says.

Without the ability to independently test a product for toxicity, consumers count on companies to honestly report the nature of the products’ ingredients, the plaintiffs claim. According to the hypoallergenic products class action lawsuit, Whole Foods intended consumers to rely on its representations about its products and their ingredients.

Kellman, a resident of Alameda, Calif., says she regularly purchased Whole Foods 365 Gentle Skin Cleanser between 2014 and 2016. According to the Whole Foods class action lawsuit, Kellman saw the “hypoallergenic” representation on the label and chose to purchase the product based on this representation.

Kellman and her family members have allegedly suffered skin irritation, dermatitis, allergic skin reaction and/or eye irritation in the past, which may have been linked to ingredients in the Whole Foods skin care product. She says she would not have purchased the products if she had known they were not hypoallergenic as promised.

Starr, a resident of Manhattan, N.Y., reports a similar experience with Whole Foods hypoallergenic products. According to the Whole Foods class action lawsuit, she regularly purchased Whole Foods 365 Moisturizing Lotion and other Whole Foods 365 products that were labeled as “hypoallergenic.”

Like Kellman, Starr says she and her family members have suffered skin irritation, dermatitis, allergic skin reaction and/or eye irritation that may be an allergic reaction to ingredients in the Whole Foods “hypoallergenic” products. She says she would not have purchased the “hypoallergenic” Whole foods products if she had known they were not hypoallergenic as promised.

Kellman and Starr filed the Whole Foods class action lawsuit on behalf of themselves and a proposed Class of California residents and New York residents who purchased any of the following allegedly falsely labeled products:

• 365 Baby Foaming Wash
• 365 Baby Lotion
• 365 Baby Shampoo
• 365 Bubble Bath
• 365 Gentle Skin Cleanser
• 365 Kids’ Foaming Wash
• 365 Maximum Moisture Body Lotion
• 365 Moisturizing Lotion
• Whole Foods Market Baby Laundry Detergent
• Whole Foods Market Organic Laundry Detergent
• Wild Kratts Bubble Bath
• Wild Kratts Kids Foaming Body Wash

The Whole Foods class action lawsuit asserts claims for violations of California’s Unfair Competition Law, California’s Consumer Legal Remedies Act, and New York’s Business Law, as well as other similar state laws.

Kellman and Starr are represented by Stephanie R. Tatar of Tatar Law Firm APC, Yvette Golan of The Golan Firm, James A. Francis and David A. Searles of Francis & Mailman PC, and Samuel J. Strauss of Turke & Strauss LLP.

The Whole Foods Hypoallergenic Labels Class Action Lawsuit is Shosha Kellman, et al. v. Whole Foods Market Inc., Case No. 3:17-cv-06584-LB, in the U.S. District Court for the Northern District of California.

UPDATE: On April 11, 2018, Whole Foods argues the statements on products in question do not mislead consumers, and seeks dismissal of the Whole Foods Hypoallergenic Labels Class Action Lawsuit.

UPDATE 2: On June 12, 2018, a federal judge dramatically trimmed a Whole Foods class action lawsuit alleging the grocer mislabels certain products as hypoallergenic by dismissing multiple defendants, claims, and products from the complaint.

UPDATE 3: On March 29, 2019, Whole Foods must face a class action lawsuit claiming that the market sells household and body-care products labeled as hypoallergenic that actually contain allergens.