Judge flushes ‘plant-based’ wipes class action against Whole Foods

Update:

• A class action lawsuit filed against Whole Foods Market over claims it falsely advertised its 365 Brand Plant-Based Flushable Wipes as being plant-based was dismissed without prejudice in a California federal court. 
• The dismissal came after plaintiff Vishal Shah, who had sought to represent a nationwide class and California class of consumers, filed a notice of voluntary dismissal in February.
• Shah had argued Whole Foods advertised its 365 Brand Plant-Based Flushable Wipes as plant-based despite the flushable wipe product allegedly containing several synthetic, inorganic and non-plant-based compounds. 
• A dismissal without prejudice means Shah is able to refile the case later if they desire.

Whole Foods flushable wipes class action overview:

• Who: Plaintiff Vishal Shah has filed a class action lawsuit against Whole Foods Market Inc.
• Why: Shah alleges Whole Foods’ 365 Brand Plant-Based Flushable Wipes are not actually plant-based.
• Where: The Whole Foods wipes class action lawsuit was filed in California federal court.

Whole Foods Market Inc. falsely advertises its 365 Brand Plant-Based Flushable Wipes as being plant-based, a new class action lawsuit alleges.

Plaintiff Vishal Shah’s class action lawsuit claims Whole Foods’ 365 Plant-Based Flushable Wipes contain several synthetic, inorganic, non-plant-based compounds, such as dehydroacetic acid, sodium hydroxide tocopheryl acetate, sodium carbonate and potassium sorbate.

The Whole Foods wipes class action lawsuit argues that consumers, like Shah, lack the scientific expertise to identify these ingredients as synthetic, making Whole Foods’ labeling particularly deceptive.

Shah wants to represent a nationwide class and a California class of consumers who purchased the flushable wipes during the maximum period allowable as determined by the statute of limitations.

Whole Foods violated California state laws, plaintiff claims

Shah argues Whole Foods markets its flushable wipes as being plant-based to capitalize on a growing consumer demand for natural, clean-label, environmentally friendly and healthful products.

“Plaintiff and members of the Class have been economically damaged by their purchases of the Products because the advertising for the Products was deceptive and/or misleading under California law and the Products are misbranded,” the Whole Foods class action says.

Shah demands a jury trial and requests declaratory and injunctive relief and an award of compensatory and punitive damages for himself and all class members.

In a similar alleged false marketing of “plant-based” products, Earth Rated is facing a lawsuit over pet wipes that consumers claim contain synthetic ingredients.

Have you ever purchased Whole Foods flushable wipes? Let us know in the comments.

The plaintiff is represented by Michael D. Braun of Kuzyk Law LLP and Peter N. Wasylyk of the Law Offices of Peter N. Wasylyk.

The Whole Foods flushable wipes class action lawsuit is Vishal Shah, et al. v. Whole Foods Market Inc., Case No. 8:25-cv-00085 in the U.S. District Court for the Central District of California.

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