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Whole Foods sued over its long-used No Antibiotics Ever beef-selling slogan

Austin-based Whole Foods Market Inc. likely hasnt been served with the see it has been sued; it’ll likely choose its words carefully when it can respond.

Thats as the complaint against Whole Foods is mainly about words.

This consumer fraud action concerns Whole Foods material misrepresentations and omissions concerning the usage of antibiotics in the beef it sells, based on the plaintiffs filing. Whole Foods markets its beef with the slogan, No Antibiotics, Ever and backs this up promotional message that its beef is antibiotic-free with other similar representations at shops, internet marketing, and presentation.

A Portland, OR-based organization campaigning against factory farms is really a plaintiff in the lawsuit against Whole Foods. Farm Forward claims that independent testing. has resulted in antibiotic along with other pharmaceutical residue, making false the complete Foods claims that it sells only antibiotic-free beef.

Based on the complaint, the No Antibiotics, Ever sloganeering allows Whole Foods to charge premium charges for its beef, ripping off consumers.

Consumers overpaid for and were economically harmed due to Whole Foods misleading promotion of its Beef Products, it says. Whole Foods charges and consumers pay a considerable price premium for beef products in line with the declare that the cattle that become the products weren’t given any antibiotics.

For example, Whole Foods charges $31.99 per pound for beef tenderloin steak filet mignon. A normal retailer charges only $24.99 per pound for exactly the same cut of beef. Thus, Whole Foods marks up the price tag on this Beef Product by 28 percent regarding the its antibiotic-free representations.

Consumer Plaintiffs wouldn’t normally have purchased beef products, or wouldn’t normally have paid the costs they did, had that they had known the fact cattle found in the merchandise were raised with antibiotics.

Individual plaintiffs are Sara Safari, Peymon Khaghani, and Jason Rose, Whole Foods customers from Orange County, CA. The complaint seeks certification as a Class Action filing and requests a jury trial.

While primarily out for economic compensation, the complaint does raise a significant food safety issue.

Administering routine or subtherapeutic antibiotics to farmed animals creates serious health threats, the complaint says. It plays a part in the development of antibiotic-resistant bacteria in the animals bacteria that consumers of the meat eventually ingest. Once in the human system, these bacteria could cause infections that can’t be treated with existing antibiotics as the bacteria are antibiotic-resistant.

The civil action is filed in the U.S. District Court for the Central District of California. It had been assigned to the Courts Southern Division.

Plaintiffs want an injunction requiring Whole Foods to improve and clarify its past and ongoing misrepresentations and omissions also to take away the misrepresentations or, in the choice, to make sure that Whole Foods beef products conform with how it markets them.

The complaint says Whole Foods has used the No Antibiotics, Ever slogan since 2002. Numerous other allegations and many factors behind action claims are created in the complaint. Whole Foods gets 21 days after it really is served to file its initial response.

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