A proposed class action lawsuit spearheaded by the nonprofit Farm Forward filed in California alleges that Whole Foods used deceptive marketing to claim their organic beefs are free from antibiotics. The beef in question was certified USDA Organic, given a rating scale of 4 out of 5 from the Global Animal Partnership (“GAP”), and sold under the label of “No Antibiotics, Ever.”

Farm Forward, in an independent study, examined samples of meat products from several Whole Foods locations including San Francisco, Salt Lake City, Chicago, and Virginia. Farm Forward’s study alleges that there was a presence of antibiotic residue in Whole Foods’ organic beef products. The study further alleges that the sample taken from the San Francisco location also contained a growth-promoting antibiotic. A second set of tests allege that there was antiparasitic antibiotics found in the Chicago and Salt Lake City samples. Those samples were GAP-certified and three were marketed and sold under the label of “pasture-raised.”

The case is Safari et al v Whole Foods Market Inc., U.S. District Court, Central District of California, No. 22-01562.


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image of cardboard house with keys and a purchase documentMidwest home sellers may now be eligible to participate in a class action that was recently certified in a federal lawsuit in Kansas City. Originally filed in 2019, the lawsuit alleges that home sellers in Missouri who used the Multiple Listing Service system were unfairly required to pay commissions to brokers representing home buyers. Along with the National Association of Realtors (NAR), four broker franchisors, including Realogy Holdings Corp., HomeServices of America, Inc., RE/MAX Holdings, Inc., and Keller Williams Realty, Inc. are also named as defendants.

The allegations are that real estate brokerages and NAR conspired to force home sellers into paying broker fees with inflated amounts to those brokers representing home buyers. The suit alleges this is in violation of federal and Missouri antitrust laws as well as Missouri Merchandising Practices Act.


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Disability-rights advocates initially sued the city of San Diego in federal court alleging that scooters create hazards for pedestrians by blocking access and rights-of-way, especially for those with mobility disabilities. Additional claims against the providers for these devices on sidewalks were also lodged.

When the lawsuit was filed, it named the scooter companies, such as Lyft, Bird, Wheels Lab Inc., etc. as defendants but a judge later dismissed them. That left just the city of San Diego. The city of San Diego recently filed lawsuits against the scooter companies separately to cause them to defend the city of San Diego in litigation based on a provision in their operating agreements. The city is asking the companies to cover any damages and pay legal fees for any lawsuit generated by the scooters.


This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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