Whole Foods Hit With $5M Homeopathy False Advertising Class Action

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Whole Foods Market, Inc. is facing a $5 million false advertising class action lawsuit over its line of homeopathic products, alleging that the homeopathic drugs don’t provide customers with “any of the promised benefits.”

“In fact, Whole Foods’ homeopathic products are worthless, and Whole Foods unfairly, deceptively and unjustly enriches itself on the backs of customers in order to turn a corporate profit,” the Whole Foods class action lawsuit states.

The Whole Foods lawsuit was filed by Florida residents Mario Herazo, Deniele Charun, Kenan Rasabi and New York resident Yaneris Almonte in the U.S. District Court in the Southern District of Florida.

All plaintiffs claim that that they purchased Whole Foods’ homeopathic products that are part of the grocery store chain’s “365 Be Well” brand, but did not receive the advertised benefits.

Herazo claims that he purchased “Cough Ease for Kids,” Almonte claims that he purchased “Cough Ease,” Charun claims that she purchased “Flu Ease,” and Rasabi claims that he purchased “Arnica Montana 30 C,” which is supposed to help with muscle “‘aches and soreness, welling, stiffness and bruising.'”

The plaintiffs explain in their Whole Foods homeopathic drugs class action lawsuit that “homeopathic drugs are not held to the standards of non-homeopathic over-the-counter (OTC) drugs, which require approval by the Food and Drug Administration (FDA).”

Drugs that require FDA approval require “evidence of adequate, well-controlled investigations and clinical trials by experts qualified by scientific training and experience to evaluate the drug’s effectiveness” to be sure that the drug will do what it’s advertised to do.

The plaintiffs allege that since homeopathic drugs are not approved by the FDA, this “has led to confusion” and “this confusion crosses the line into deception.”

“Whole Foods is not only taking advantage of customers’ desire for natural medicine, but also deceiving consumers into believing that Whole Foods’ products are effective regulated drugs,” the Whole Foods class action lawsuit states.

However, the plaintiffs explain, “the FDA does not recognize homeopathic drugs as effective for anything.”

According to the homeopathic drug class action lawsuit, the claims about homeopathic drugs go back to the 1800s and early 1900s, “which never showed a drug’s effectiveness in treating any ailment, but that it caused symptoms similar to the ailment.”

According to what is called “homeopathy’s ‘law of similars’ — the notion that symptoms of a disease, ailment or condition could be treated by extremely small does of substances that produce similar symptoms in larger doses.”

While there are studies that have been done on the effectiveness of homeopathic drugs, the plaintiffs allege that “none survives scrutiny.”

And several studies, including those by the American Medical Association (AMA) and the National Health Service (NHS) have concluded that there is “no scientific evidence [that] supports homeopathic treatments.”

The plaintiffs in this Whole Foods class action lawsuit claim that the damages for the whole class, if certified, could exceed $5 million.

They are charging Whole Foods with unjust enrichment, with violating Florida’s Deceptive and Unfair Trade Practices Act, and negligent misrepresentation.

The plaintiffs are represented by Thomas P. O’Connell of Thomas P. O’Connell PA.

There is not attorney information available for the defendant at this time.

The Whole Foods Homeopathic Drug Class Action Lawsuit is Mario Herazo et al. v. Whole Foods Market Inc., case number not yet assigned, in the U.S. District Court for the Southern District of Florida.