Whole Foods Class Action Says Rice Milk Contains Fake Vanilla

A class action lawsuit has been filed against Whole Foods Market Group Inc. by a consumer who claims the company’s rice milk does not contain real vanilla.

Plaintiff Gordan Hiland says the label on Organic 365 Rice Milk misleads consumers into thinking the product contains real vanilla.

In fact, the class action lawsuit claims that the product has non-vanilla flavors that are not procured from vanilla beans.

The plaintiff argues that rice milk is a valued dairy substitute because it is the least allergenic of the different types of non-dairy milk products, which oftentimes contain nuts. 

In addition, rice milk flavored with chocolate or vanilla will have different amounts and types of vanilla flavorings than almond and soy milk because of its naturally sweeter flavor, claims the Whole Foods class action lawsuit.

Hiland argues that Whole Foods has engaged in “food fraud” by not giving consumers what they expect when purchasing food products.

The plaintiff also alleges that the most constant challenger to the authenticity of real vanilla is the synthetic version of vanillin, its main flavor component.

“Today, only 1-2% of vanillin in commercial use is vanillin obtained from the vanilla plant, which means that almost all vanillin has no connection to the vanilla bean,” the Whole Foods class action lawsuit argues.

Hiland says if a food product is being marketed and labeled as containing vanilla, but actually contains non-vanilla vanillin, the packaging must relay that vanillin is an artificial flavor. This allegedly prevents consumers from being misled by food products that may taste similar to real vanilla and would be sold at the price of real vanilla.

The plaintiff also notes that, within the past 10 years, many types of vanillin have been purported to a “natural flavor,” which is derived from a natural source and undergoes a natural production process.

That said, “natural vanillin” is not “natural vanilla flavor” because the raw material that is used is not vanilla beans but eugenol and ferulic acid.

“When less vanilla is available, companies must purchase the higher margin, proprietary, ‘vanilla-like’ flavorings made with advanced technology and synthetic biology,” states the Whole Foods class action lawsuit.

Hiland argues that companies understand consumers will pay more for products which contain “high-value ingredients” such as vanilla extract or vanilla flavoring as opposed to phrases such as “natural flavor.”

“To accept that a product labeled ‘vanilla rice milk’ can have non-vanilla flavors with no relationship to the characterizing flavor makes little sense, because it is illogical to add completely different flavors, i.e., strawberry or to make the product have a stronger ‘rice’ taste,” states the Whole Foods class action lawsuit.

The plaintiff claims that consumers are being misled into believing that Organic 365 Rice Milk contains real vanilla. Had he known the true ingredients in the product, he says he would not have bought the rice drink or would have paid less for it.

Whole Foods was also a defendant in a similar class action lawsuit by consumers who claim that their almondmilk does not contain real vanilla, as it purports to.

Did you purchase rice milk from Whole Foods thinking that it contains real vanilla? Leave a message in the comments section below.

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC and Michael R. Reese of Reese LLP.

The Whole Foods Vanilla Rice Milk Class Action Lawsuit is Gordon Hiland v. Whole Foods Market Group Inc., Case No. 7:20-cv-01680, in the U.S. District Court for the Southern District of New York.

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