SAN FRANCISCO – Two consumers claim Whole Foods' 365 Everyday Value and WF product lines deceive consumers about the nature and quality of the products with misleading labeling.

Shosha Kellman and Abigail Starr filed a complaint on behalf of themselves and all others similarly situated on Nov. 14 in the U.S. District Court for the Northern District of California against Whole Foods Market Inc. citing the state's Unfair Competition Law, Consumer Legal Remedies Act and the New General Business Law.

According to the complaint, Shosha Kellman and Abigail Starr purchased defendant's 365 Gentle Skin Cleanser or 365 Moisturizing Lotion, respectively, and both relied upon the label that the products were hypoallergenic.

"These products in fact contain a shocking array of compounds known to cause allergic responses," the suit states. "These products also contain a plethora of other compounds known to cause severe skin corrosion, serious eye damage, or are otherwise toxic or hazardous in the case of skin contact."

The plaintiffs hold Whole Foods Market Inc. responsible because the defendant allegedly deceptively and fraudulent mislabeled the products.

The plaintiffs request a trial by jury and seek judgment against defendant; certify class action; declaratory and injunctive relief; restitution, disgorgement, refund, and/or other monetary damages; costs and disbursements; attorneys’ fees, statutory and punitive damages; and further relief as the court may deem just. 

They are represented by Stephanie R. Tatar of Tatar Law Firm in Burbank, California; Yvette Golan of The Golan Firm in Washington, D.C.; James A. Francis and David A. Searles of Francis & Mailman PC in Philadelphia, Pennsylvania; and Samuel J. Strauss of Turke & Strauss LLP in Madison, Wisconsin.

U.S. District Court for the Northern District of California case number 3:17-cv-06584

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U.S. District Court for the Northern District of California

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