The day before Thanksgiving, two plaintiffs sued Whole Foods Markets Inc. and some of its subsidiaries in federal court in Houston.
“Testing by an independent laboratory found that more than 50% of Whole Foods’ 365 Everyday Value Corn Flakes were genetically modified,” the plaintiffs allege in their complaint in Uri Gedalia v. Whole Foods Market Services. They also seek class certification.
“It’s company policy that we don’t comment on pending litigation, so I don’t have any additional information for you on this,” Robin Kelly, a corporate spokeswoman for Whole Foods, wrote in an email.
Yvette Golan of The Golan Firm in Houston represents the two named plaintiffs, a Houston surgeon and a California mother of two young children. Golan said she took this case after successfully representing other plaintiffs in California federal courts.
Those plaintiffs sued other food manufacturers and distributors, alleging they had made false and misleading representations about their products’ ingredients. Golan said she is experienced in developing evidence about the chemical composition of processed food.
The plaintiffs allege in the Nov. 27 complaint that the company and its subsidiaries, including some that are unnamed, engaged in “false and misleading misrepresentations regarding the ingredients in its private label products.”
The 74-page complaint also includes numerous other allegations of chemical additives in foods sold by Whole Foods under their store-brand labels and identified as “all natural,” including Whole Foods’ 365 Organic Almond Milk, 365 Real Dairy Whipped Topping and 365 Morning O’s cereals.
The plaintiffs seek to represent a class of all who purchased the products with the alleged false labeling between November 2008 and the date a class is certified. The plaintiffs cite among other causes of action breaches of express and implied warranties, fraud and misrepresentation. They seek disgorgement and attorney fees.