Whole Foods Hides Instant Oatmeal’s Sugar, Suit Says

Whole Foods Market Group Inc. allegedly disguises sugar in its 365 Everyday Value instant oats and flax oatmeal by calling it “dehydrated cane juice solids,” a Nov. 15 suit says.

The products’ front labels include the phrases “Low Fat” and “Non-GMO Project Verified,” and feature pictures of fresh raspberries on top of a heaping bowl of cereal, according to the complaint.

But “dehydrated cane juice” is a euphemism for the ingredient commonly known as “sugar,” Amy Warren alleges.

And dehydrated cane juice solids are the food’s second-most prominent ingredient, the suit says.

Whole Foods’ marketing of the oatmeal as a no-frills hot cereal, combined with the package depiction of fresh fruit, will make consumers think “dehydrated cane juice solids” relates to fruit, Warren alleges.

This creates the impression that the 365 Everyday Value products are a better nutritional choice than comparable products that non-deceptively identify “sugar” as their second most predominant ingredient, the suit alleges.

The Food and Drug Administration previously looked at a similar term, concluding “evaporated cane juice” could mislead consumers because “cane juice” is commonly known as a sweetener, the complaint says, referring to the agency’s 2016 guidance advising that “evaporated cane juice” should be called “sugar” on food labels.

There is no material difference between “evaporated cane juice” and “dehydrated cane juice solids” for purposes of listing ingredients by their common names as required by federal labeling rules, Warren alleges.

Causes of Action: New York General Business Law; consumer protection laws of other states; negligent misrepresentation; breach of express and implied warranties; Magnuson Moss Warranty Act; fraud; unjust enrichment.

Relief: Injunctive relief directing Whole Foods to correct the challenged practices; monetary damages; treble, punitive, and statutory damages; interest; attorneys’ fees and costs.

Potential Class Size: Unknown number of consumers nationwide with sub-classes for individual states.

Response: Whole Foods wasn’t immediately available for comment.

Attorneys: Sheehan & Associates P.C. and Reese LLP represent the plaintiffs.

The case is Warren v. Whole Foods Market Group, Inc., E.D.N.Y., No. 1:19-cv-06448, complaint 11/15/19.