Whole Foods Seeks Dismissal of Hypoallergenic Labels Class Action

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Whole Foods says a class action lawsuit alleging the high-end grocer mislabeled certain products as “hypoallergenic” should be dismissed.

First, argues Whole Foods, the statements on the products in question would not mislead reasonable consumers. Additionally, the grocer says that the California federal court does not have jurisdiction over the case.

Two Whole Foods shoppers, one from New York and one from California, hit the chain with the class action lawsuit alleging they and other consumers were duped into thinking a variety of store brand products would be safe for them and sensitive family members because they were labeled “hypoallergenic”; however, the products are actually “chock-full” of known allergens.

According to the Whole Foods class action lawsuit, while the plaintiffs only purchased two Whole Foods products labeled “hypoallergenic,” 12 total products contain the same allegedly deceptive advertising.

Whole Foods urged a federal judge to toss the case on jurisdictional grounds. The grocer says the plaintiffs should not be able to base class action claims on 10 products that they didn’t actually purchase.

Additionally, the grocer takes issue with the residency of each plaintiff, claiming that the California federal court cannot assert jurisdiction over one of the plaintiffs who lived and purchased the Whole Foods products in New York.

“The mere fact that California residents may have purchased the same or similar products in California and sustained the same alleged injury as a New York consumer is an insufficient basis to exercise specific jurisdiction in California,” remarked Whole Foods in its motion to dismiss.

The grocer also says that the California court does not have jurisdiction over several of the related entities named in the Whole Foods class action lawsuit.

“These are Texas and Delaware corporations based in Austin, Texas, which have never developed, manufactured, labeled or sold any products in California,” points out the company in its motion to dismiss.

The Whole Foods class action lawsuit should also be dismissed, argues Whole Foods, because the plaintiffs failed to show that they relied on marketing claims on the grocer’s website when deciding to purchase the products in question.

“Nowhere in the [complaint] do Plaintiffs allege that they have visited Whole Foods’ or Amazon’s website or reviewed Whole Foods SEC filings or blogs,” says Whole Foods’ motion to dismiss.

Whole Foods also argues that reasonable consumers would not be deceived by its labeling. Whole Foods says the labeling in question meets the U.S. Food and Drug Administration’s standards for the use of the term “hypoallergenic.”

Further, the labels in question do not simply state “hypoallergenic,” says the grocer, but instead say “Independent lab results show this gentle formula is hypoallergenic and non- comedogenic” or “Independent lab results show this daily moisturizer is hypoallergenic and non- comedogenic.”

The plaintiffs 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 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 2: 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.