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Warren v. Whole Foods Market Grp. Inc.

Oatmeal's Packaging Not Materially Misleading as to Sugar Content, Whole Grain

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MEMORANDUM AND ORDER On behalf of themselves and all New Yorkers similarly situated, sugar-conscious plaintiffs Amy Warren and Iesha Conley bring this suit against defendant Whole Foods Market Group, Inc. (“Whole Foods”). Ms. Warren and Ms. Conley assert that the packaging of Whole Foods’ “Oats & Flax” instant oatmeal tricked them into paying inflated prices. Whole Foods now moves to dismiss. I grant defendant’s motion. BACKGROUND Under its 365 Everyday Value brand, Whole Foods sells “Oats & Flax Instant Oatmeal.” Am. Compl. 9 (Dkt. #15). The front of each oatmeal box bears a stamp on its bottom right corner that says “100 percent Whole Grain — 18g or more per serving.” Am. Compl. 2 fig.1: The Box Front The back lists the oatmeal’s ingredients: “organic rolled oats, organic dehydrated cane juice solids, organic flaxseed, sea salt.” Id. 10. “[D]ehydrated cane juice solids,” as it turns out, is just another term for “sugar.” Id. 16. Immediately to the left of the ingredient list, in text the same size or large, the nutrition label states “Sugars 11g.” Def.’s Ex. 1 (Dkt. #22-1) (“Ex. 1″). Ex. 1: The Back Label Amy Warren and Iesha Conley claim this packaging misled them into buying Whole Foods’ oatmeal at premium prices. Id. 6. Hoping to avoid added sugar, they allege that they purchased the oatmeal believing that “dehydrated cane juice solids” referred to some sort of fruit juice — not sugar. Id. 71. Ms. Warren and Ms. Conley also say the whole grain stamp misled them into thinking the oatmeal contains only whole grains. Id.

30-31. In fact, though, it contains flax, which, they note, is not a grain at all, but an “oilseed.” Id. 31. Had they known the reality about Whole Foods’ oatmeal, they say, they would never have paid so much. Id.

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