NEW YORK (Legal Newsline) — Whole Foods is facing a class action alleging its Brioche Whole Grain hamburger buns are misbranded because they are not entirely made from whole grains.
Subashini Chandrasekera, individually and on behalf of all others similarly situated, filed a complain May 19 in U.S. District Court for the Eastern District of New York against Whole Foods Market Group Inc., alleging violation of state consumer protection statutes and other claims.
According to her class action, Chandrasekera purchased Whole Foods "Market Brioche Whole Grain Hamburger Buns" that are labeled as "whole grain hamburger buns." She claims the buns are misbranded because they are made primarily of enriched wheat flour with whole wheat flour as a secondary ingredient.
The plaintiff alleges the buns are not entirely made from "whole grains" which would include the grain seed, bran and germs "in the same proportions as when the grain was growing in the fields." She further alleges that through its deceptive labeling, Whole Foods continues to be unjustly enriched "at the expense of their consumers." The plaintiff claims that the buns do not conform with the FDA requirements for bread products which must be labeled as "enriched buns" if they are made with enriched flour.
The plaintiff and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Adrian Gucovschi of Gucovschi Rozenshteyn PLLC in New York, New York.
U.S. District Court for the Eastern District of New York case number 1:23-CV-03767-ENV-SJB