SARA SAFARI and PEYMON KHAGHANI v. WHOLE FOODS MARKET SERVICES, INC., WHOLE FOODS MARKET CALIFORNIA, INC., MRS. GOOCH’S NATURAL FOOD MARKETS, IN
U.S. District Judge John W. Holcomb denied Whole Foods’ motion to dismiss plaintiff Peymon Khaghani’s claims of claims of fraud, breach of warranty and unjust enrichment in connection with the market’s use of the slogan “No Antibiotics, Ever.” Judge Holcomb dismissed with leave to amend the claims for relief made by consumer Sara Safari and animal protection organization Farm Forward for lack of standing with an August 11, 2023, deadline to file amended pleadings. The plaintiffs have alleged that samples of beef sold by Whole Foods as “raised without the use of antibiotics” contained antibiotic residues. The case is pending in the U.S. District Court for the Central District of California
[To accompany Case Law Update "Federal Judge Allows Antibiotics False Advertising Lawsuit Against Whole Foods to Proceed " from Brooks Animal Law Digest Issue No. 200]