Lawsuit over Whole Foods baked goods deemed half-baked
By Jonathan Stempel
Aug 27 (Reuters) - Whole Foods Markets Inc and two other grocers won the dismissal of three lawsuits accusing them of deceiving shoppers into believing their bread and other baked goods were made fresh and in house, thereby inducing them to pay more.
U.S. District Judge Joseph Irenas in Camden, New Jersey on Wednesday said claims against Whole Foods, Wegmans Food Markets Inc and Acme Markets Inc were too vague, because the plaintiffs did not show they overpaid for specific goods in response to specific signs or advertising from the defendants.
Shoppers complained that the grocers sold frozen, pre-made, and reheated goods despite touting them with such signs as "MADE IN HOUSE BAGELS AND ROLLS" in a Whole Foods, or "BAKED FRESH IN OUR OVEN, FRESH BREAD, BAKED IN OUR STORE DAILY" in an Acme.
But the judge found no way to tell when the plaintiffs bought goods, such as a Wegmans "artisan miche bread," that did not live up to their specific billing.
"Without details as to particular misrepresentations and subsequent purchases, the complaints do not inject the kind of particularity required for fraud claims," he wrote.
Aneliya Angelova, a lawyer for the plaintiffs, said in an email that "despite the court's opinion, the consumers won" because the grocers had removed misleading signs and ads.
Whole Foods separately faces several consumer lawsuits after admitting in June to having overstated the weight of some pre-packaged products, resulting in overcharges. It has said it is committed to accurate pricing.
Acme is owned by Albertsons, which is controlled by private equity firm Cerberus Capital Management LP and filed last month to go public.
The cases in the U.S. District Court, District of New Jersey are Mladenov et al v. Wegmans Food Markets Inc, No. 15-00373; Mladenov et al v. Whole Foods Market Group Inc, No. 15-00382; and Mao v. Acme Markets Inc, No. 15-00618.
(Reporting by Jonathan Stempel in New York; Editing by Steve Orlofsky)
