Whole Foods Market Group Inc. is facing a potential class action regarding its Lemon Raspberry Italian Sparkling Mineral Water. The lawsuit claims that the mineral water’s labeling is misleading, false and deceptive advertising because there is allegedly only very small amounts of the fresh lemons and raspberries that are depicted on the label.

The lawsuit claims that because of the labeling, a consumer could reasonably believe that the mineral water contains large amounts of fresh lemons and raspberries and that the consumer should benefit from said ingredients benefits, like Vitamin C. The plaintiff states that a consumer could also reasonably believe that the mineral water should derive its flavor from natural ingredients as opposed to added flavor.

The proposed class would be made up of all New York, Wyoming, Maine, Utah, Vermont, Delaware and Ohio purchasers of the mineral water. The lawsuit is Kevin Kelly v. Whole Foods Market Group Inc., Case No.: 1-21-cv-03124, in the U.S. District Court for the Southern District of New York.

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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