Whole Foods Class Action Says Sugar Is Hidden In Oatmeal

A recent Whole Foods class action claims that the natural retailer’s oatmeal products contain concealed sugar.

Whole Foods sells a variety of instant oatmeal products under their 365 Everyday Value Brand which are available in stores as well as from online retailers such as Amazon.

These products allegedly feature a variety of representations on their labels, including “Instant Oatmeal,” “Oats & Flax,” “Low Fat,” “Vegan,” “Good Source of Fiber,” “Whole Grain Stamp,” “Non-GMO Project Verified,” and “USDA Organic.”

Despite the prominent pictures of fresh raspberries atop a bowl of oatmeal seen on the product labeling, the Whole Foods oatmeal may not be as healthy as it is portrayed to be.

According to plaintiff Amy Warren’s Whole Foods class action, the oatmeal lists sugar in a deceptive way on its ingredient label. The oatmeal’s second ingredient is reportedly “organic dehydrated cane juice solids,” which Warren argues is just another name for sugar.

Warren claims that she and other consumers expect ingredients to be listed in their common forms. When they read “organic dehydrated cane juice solids” consumers allegedly do not immediately associate that ingredient with its true form – pure sugar.

The Whole Foods class action claims that the company intentionally uses deceptive naming in order to trick consumers into thinking that the ingredient is not sugar. Instead, consumers allegedly associate the ingredient with the fruit featured on the oatmeal packaging.

“Given that the Product marketed as a simple, no-frills basic oatmeal and flax, pictured beneath fresh raspberries, consumers will expect that ‘dehydrated cane juice solids’ is related to actual fruit, including those prominently displayed and is certainly not the equivalent of sugar,” the Whole Foods class action lawsuit claims.

The U.S. Food and Drug Administration (FDA) has reportedly determined that renaming sugar is a misleading tactic.
The agency ruled that “evaporated cane juice” is misleading since “cane juice” suggests that the ingredient was derived from the juicing of a fruit or vegetable rather than being a sweetener.

Warren argues that “dehydrated” and “evaporated” are similar synonyms for the average consumers, so the FDA’s rules apply to the Whole Foods packaging. Therefore, the products’ ingredient lists are allegedly misleading by the FDA’s standards.

The Whole Foods class action claims that Warren and other consumers would not have purchased the products if they were aware of the excess sugars in them. Consumers are reportedly more likely to purchase products with less sugar content due to the risk of heart disease, diabetes, and other issues associated with sugar.

Warren seeks to represent a Class of consumers who purchased the Whole Foods oatmeal.

Did you purchase Whole Foods oatmeal products? Let us know what you think of these allegations in the comment section below!

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

The Whole Foods Oatmeal Class Action Lawsuit is Warren v. Whole Foods Market Group Inc., Case No. 1:19-cv-06448, in the U.S. District Court for the Eastern District of New York.

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