Whole Foods Hypoallergenic Claims
June 2018: A federal judge dismissed without prejudice some of the claims in this case. The judge dismissed the claims against some of the defendants (Whole Foods Market, Inc., Whole Foods Market Services, and Whole Foods Market Group) for lack of personal jurisdiction, the claims of one of the named plaintiffs (Starr) for failure to state a claim against the remaining defendant (Whole Foods Market California), and the claims regarding products that the plaintiffs did not allege contain allergen ingredients for lack of standing. The other claims – including ones against Whole Foods Market California – will move forward.
November 2017: A class-action lawsuit was filed against Whole Foods for allegedly deceptively labeling various products – including body care products and laundry detergent — as “hypoallergenic” when, according to the complaint, they are not. Specifically, the complaint alleges that products contain allergens, chemicals, irritants, carcinogens, mutagens, reproductive toxins, and other chemicals that are hazardous to human health. (Kellman et al v. Whole Foods Market, Inc., Case No. 17-cv-6584, N. D. CA.)
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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.