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Yesterday, Whole Foods Inc. was sued in a false advertising class action lawsuit and faces allegations of purposefully concealing the actual sugar content of their store-brand Greek yogurt to edge out competitors.
The popular natural food store’s “365 Everyday Value Plain Greek Yogurt” was marketed and advertised as a product containing only 2 grams of sugar per serving, a sugar content significantly lower than competing brands’ Greek yogurts. However, a recent study conducted by Consumer Reports demonstrated that Whole Food’s Greek Yogurt allegedly contains six times the advertised amount.
The Consumer Reports study published last month claims that Whole Foods’ 365 Greek yogurt contains about 11.4 grams of sugar per serving instead of the advertised 2. This average was reportedly calculated by taking six samples from six different lots of the Greek yogurt product. According to this study, Whole Foods store-brand Greek Yogurt has a higher sugar content than its competitors.
This Whole Foods Greek yogurt false advertising class action lawsuit was filed in California federal court by Chas Jackson and Josh Koffman, Los Angeles residents and frequent patrons of the Whole Foods chains. They allege, “By falsely claiming a sugar content of only 2 grams per serving, [Whole Foods] sought to give itself a competitive advantage and to use this false statement of contents to induce consumers to purchase[.]” Jackson and Koffman’s allegations come on the heels of two similar Whole Foods Greek yogurt class action lawsuits filed earlier this month in Pennsylvania and Massachusetts.
According to the California Whole Foods false advertising class action lawsuit:
“Whole Foods Market’s website brags to consumers about how thoroughly Whole Foods Market checks the accuracy of the labels of its store brands, telling consumers: ’Our Private Label registered dietician reviews each nutrition label for accuracy and completeness before the label is printed. All attempts are made to review nutrition labels on a regular basis to ensure accuracy.’”
Thus, Jackson and Koffman allege that unless the website statement is wrong, then Whole Foods knowingly and purposefully lied and concealed the actual sugar contents of their store-brand Greek yogurt my mislabeling their product’s nutrition information.
In this Greek yogurt false advertising class action lawsuit, Jackson and Koffman seek to represent themselves, as well as a Class comprised of “[a]ll California citizens who, between August 26, 2000 and the present, purchased ‘Whole Foods 365 Everyday Value Plain Greek Yogurt’ from a Whole Foods Market located in the State of California.”
Despite the published Consumer Reports study and the three Greek yogurt false advertising class action lawsuits filed against them, Whole Foods has not stopped selling their 365 Everyday Value Plain Greek Yogurt with the allegedly inaccurate label.
Chas Jackson and Josh Koffman are represented by Todd M. Friedman, Suren N.Weerasuriya, and Adrian R. Bacon of Todd M. Friedman PC.
The Whole Foods Greek Yogurt False Advertising Class Action Lawsuit is Jackson, et al. v. Whole Foods Market Inc., Case No. 2:14-cv-06705, in the U.S. District Court for the Central District of California.
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