BROOKLYN, N.Y. (Legal Newsline) – A New York woman alleges Whole Foods is deceiving consumers with its 365 Everyday Value brand organic instant oatmeal and flax product by disguising the sugar content.
Amy Warren, individually and on behalf of all others similarly situated, filed a complaint Nov. 15 in the U.S. District Court for the Eastern District of New York against Whole Foods Market Group Inc. alleging violation of New York general business law, negligent misrepresentation, breach of express warranty, implied warranty of merchantability and violation of Magnuson Moss Warranty Act, fraud and unjust enrichment.
Warren alleges that the label on Whole Foods' 365 Everyday Value brand of organic instant oatmeal oats and flax is misleading to consumers because it "disguises" sugar as "organic dehydrated cane juice solids."
"Given that the product marketed as a simple, no-frills basic oatmeal and flax, pictured beneath fresh raspberries, consumers will expect that 'dehydrated cane juice solids' is related to actual fruit, including those prominently displayed and is certainly not the equivalent of sugar," Warren claims in her suit.
Warren seeks preliminary and permanent injunctive relief, a trial by jury, interest and all other just relief. She is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York, and Michael R. Reese of Reese LLP in New York City.
U.S. District Court for the Eastern District of New York case number 1:19-CV-06448