This case was last updated from U.S. District Courts on 10/22/2022 at 11:42:31 (UTC).

Sara Safari et al v. Whole Foods Market, Inc.

Case Summary

On August 23, 2022, Sara Safari, Peymon Khaghani, Jason Rose, and Farm Forward,  (collectively, “Plaintiffs”), individually and on behalf of all other persons similarly situated, represented by Adam E. Polk, Dylan D. Grimes, Jordan Elias, Jordan Isern, Paige Michelle Tomaselli, and Simon S Grille of Girard Sharp LLP, filed a class action lawsuit against Whole Foods Market, Inc. (“Defendant”), seeking damages for alleged personal property fraud. This case was filed in the U.S. District Court for the Central District of California with Judges John W. Holcomb and Karen E. Scott presiding. 

The complaint stated that “this consumer fraud action concerns Whole Foods’ material misrepresentations and omissions about the use of antibiotics in the beef it sells. Whole Foods markets its beef with the slogan, ‘No Antibiotics, Ever’ and reinforces this promotional message that its beef is antibiotic-free with other similar representations at  retail stores, in online marketing, and on product packaging.”

The complaint then stated that “but, as independent testing has shown, Whole Foods’ claim that it sells only antibiotic-free beef is false. Plaintiffs bring this action to stop Whole Foods’ misleading promotion and sale of beef, including the products listed in paragraph 40 below (‘Beef Products’ or the ‘Products’), and the Consumer Plaintiffs seek to recover damages for themselves and other purchasers of these Products in California.”

Plaintiffs alleged that “Whole Foods’ internal emails show that its executives rejected the opportunity to investigate the accuracy of its ‘No Antibiotics, Ever’ claims, in part because ‘the repercussions for having a positive result were beyond ridiculous[.]’ Unreceptive to testing cattle in its supply chain, Whole Foods continued promoting its beef products as antibiotic-free.”

Plaintiffs then alleged that “administering routine or subtherapeutic antibiotics to farmed animals creates serious health risks. It contributes to the development of antibiotic-resistant bacteria in the animals—bacteria that consumers of the meat eventually ingest. Once in the human system, these bacteria can cause infections that cannot be treated with existing antibiotics because the bacteria is antibiotic-resistant.”

Plaintiffs also alleged that “consumers overpaid for and were economically harmed as a result of Whole Foods’ misleading promotion of its Beef Products. Whole Foods charges—and consumers pay—a substantial price premium for Beef Products based on the claim that the cattle that become these Products were not given any antibiotics. For instance, Whole Foods charges $31.99 per pound for beef tenderloin steak filet mignon. A traditional retailer charges only $24.99 per pound for the same cut of beef.”

Plaintiffs claimed that “thus, Whole Foods marks up the price of this Beef Product by 28% in connection with its antibiotic-free representations. Consumer Plaintiffs would not have purchased Beef Products, or would not have paid the prices they did, had they had known the truth that cattle used in the Products were raised with antibiotics.”

Plaintiffs presented five claims for relief alleging fraudulent concealment, unjust enrichment, unfair competition, and violation of Consumer Legal Remedies Act. 

In the prayer for relief, Plaintiffs requested declaratory and injunctive relief, restitution, and punitive damages. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:22-CV-01562

  • Filing Date:

    08/23/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

John W. Holcomb

Referral Judge

Karen E. Scott

 

Party Details

Plaintiffs

Sara Safari

Peymon Khaghani

Jason Rose

Farm Forward

Defendant

Whole Foods Market, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Paige Michelle Tomaselli

Attorney at Grime Law LLP

730 Arizona Avenue

Santa Monica, CA 90401

Adam E. Polk

Attorney at Girard Sharp LLP

601 California Street Suite 1400

San Francisco, CA 94108

Dylan Drummond Grimes

Attorney at Grime Law LLP

730 Arizona Avenue

Santa Monica, CA 90401

Gretchen M. Elsner

Attorney at Elsner Law and Policy LLC

314 South Guadalupe Street

Santa Fe, NM 87501

Jordan Elias

Attorney at Girard Sharp LLP

601 California Street Suite 1400

San Francisco, CA 94108

Jordan Nadine Isern

Attorney at Girard Sharp LLP

601 California Street, Suite 1400

San Francisco, CA 94108

Simon S Grille

Attorney at Girard Sharp LLP

601 California Street Suite 1400

San Francisco, CA 94108

Defendant Attorney

Brian R Blackman

Attorney at Blaxter | Blackman LLP

601 California Street, Suite 1505

San Francisco, CA 94108

 

Court Documents

24 #5

Exhibit Exhibit 2 to Request for Judicial Notice

24 #4

Exhibit Exhibit 1 to Request for Judicial Notice

24 #3

Supplement Request for Judicial Notice In Support of Defendant's Motion to

24 #2

Declaration Declaration of Jay Warren In Support of Motion to Dismiss Plaintiff&

24 #1

Proposed Order Proposed Order Granting Defendant's Motion to Dismiss Plaint

#24

(#24) NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Whole Foods Market, Inc.. Motion set for hearing on 12/9/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order Proposed Order Granting Defendant's Motion to Dismiss Plaintiff's Complaint, #2 Declaration Declaration of Jay Warren In Support of Motion to Dismiss Plaintiff's Complaint, #3 Supplement Request for Judicial Notice In Support of Defendant's Motion to Dismiss Plaintiff's Complaint, #4 Exhibit Exhibit 1 to Request for Judicial Notice, #5 Exhibit Exhibit 2 to Request for Judicial Notice) (Blackman, Brian) (Entered: 10/21/2022)

23 #1

Proposed Order

#23

(#23) STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Attachments: #1 Proposed Order)(Polk, Adam) (Entered: 10/17/2022)

#22

(#22) STIPULATION Extending Time to Answer the complaint as to Whole Foods Market, Inc. answer now due 10/21/2022, re Complaint (Attorney Civil Case Opening),, #1 filed by defendant Whole Foods Market, Inc..(Attorney Brian R Blackman added to party Whole Foods Market, Inc.(pty:dft))(Blackman, Brian) (Entered: 09/15/2022)

#8

(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 08/23/2022)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 08/23/2022)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Karen E. Scott. (ghap) (Entered: 08/23/2022)

#5

(#5) NOTICE of Interested Parties filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari, identifying Plaintiffs Sara Safari, Peymon Khaghani, Jason Rose, Farm Forward, and Whole Foods Market, Inc. (Tomaselli, Paige) (Entered: 08/23/2022)

#4

(#4) CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Farm Forward (Tomaselli, Paige) (Entered: 08/23/2022)

#3

(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Tomaselli, Paige) (Entered: 08/23/2022)

#2

(#2) CIVIL COVER SHEET filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Tomaselli, Paige) (Entered: 08/23/2022)

1 #1

Declaration CLRA VENUE DECLARATION OF PAIGE M. TOMASELLI

1 #1

Main Document

20 More Documents Available
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Docket Entries

  • 10/21/2022
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  • Docket(#24) NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Whole Foods Market, Inc.. Motion set for hearing on 12/9/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order Proposed Order Granting Defendant's Motion to Dismiss Plaintiff's Complaint, #2 Declaration Declaration of Jay Warren In Support of Motion to Dismiss Plaintiff's Complaint, #3 Supplement Request for Judicial Notice In Support of Defendant's Motion to Dismiss Plaintiff's Complaint, #4 Exhibit Exhibit 1 to Request for Judicial Notice, #5 Exhibit Exhibit 2 to Request for Judicial Notice) (Blackman, Brian) (Entered: 10/21/2022)

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  • 10/17/2022
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  • Docket(#23) STIPULATION for Extension of Time to Amend Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Attachments: #1 Proposed Order)(Polk, Adam) (Entered: 10/17/2022)

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  • 09/15/2022
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  • Docket(#22) STIPULATION Extending Time to Answer the complaint as to Whole Foods Market, Inc. answer now due 10/21/2022, re Complaint (Attorney Civil Case Opening),, #1 filed by defendant Whole Foods Market, Inc..(Attorney Brian R Blackman added to party Whole Foods Market, Inc.(pty:dft))(Blackman, Brian) (Entered: 09/15/2022)

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  • 09/02/2022
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  • Docket(#21) PROOF OF SERVICE Executed by Plaintiff Sara Safari, Farm Forward, Jason Rose, Peymon Khaghani, upon Defendant Whole Foods Market, Inc. served on 8/31/2022, answer due 9/21/2022. Service of the Summons and Complaint were executed upon Terry Thongsavat, Service of Process Intake Clerk for Defendant Whole Foods Market in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Tomaselli, Paige) (Entered: 09/02/2022)

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  • 09/01/2022
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  • Docket(#20) Order GRANTING Corrected APPLICATION of Non-Resident Attorney Gretchen M. Elsner to Appear Pro Hac Vice on behalf of Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari #18 by Judge John W. Holcomb. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (Entered: 09/01/2022)

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  • 09/01/2022
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  • Docket(#19) NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: Corrected APPLICATION of Non-Resident Attorney Gretchen M. Elsner to Appear Pro Hac Vice on behalf of Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari (Pro Hac Vice Fee - $500.00 Previously Paid on 8/29/2022, Receipt No. ACACDC- #18 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. The applicant must also attach a Certificate of Good Standing (issued within the last 30 days) from every state bar to which he or she is admitted; failure to do so will be grounds for denying the application. See Instructions for Applicants (1) (G-64). (lt) (Entered: 09/01/2022)

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  • 08/31/2022
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  • Docket(#18) Corrected APPLICATION of Non-Resident Attorney Gretchen M. Elsner to Appear Pro Hac Vice on behalf of Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari (Pro Hac Vice Fee - $500.00 Previously Paid on 8/29/2022, Receipt No. ACACDC-33892497) filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Grimes, Dylan) (Entered: 08/31/2022)

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  • 08/30/2022
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  • Docket(#17) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney Gretchen M. Elsner to Appear Pro Hac Vice on behalf of Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari (Pro Hac Vice Fee - $500.00 Previously Paid on 8/29/2022, Receipt No. ACACDC-33892497) #15 by Judge John W. Holcomb. The document is stricken and counsel is ordered to file an amended or corrected document by September 6, 2022. (dgo) (Entered: 08/30/2022)

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  • 08/29/2022
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  • Docket(#16) NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Gretchen M. Elsner to Appear Pro Hac Vice on behalf of Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari (Pro Hac Vice Fee - $500.00 Previously Paid on 8/29/2022, Receipt No. ACACDC-33892497) #15 . The following error(s) was/were found: Local counsel's information is incomplete. Phone number missing on application. Address is listed instead. (lt) (Entered: 08/29/2022)

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  • 08/29/2022
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  • Docket(#15) [STRICKEN ON 8/30/22 SEE ECF NO. 17] APPLICATION of Non-Resident Attorney Gretchen M. Elsner to Appear Pro Hac Vice on behalf of Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari (Pro Hac Vice Fee - $500.00 Previously Paid on 8/29/2022, Receipt No. ACACDC-33892497) filed by Safari, Khaghani, Rose and Farm Forward Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Attachments: #1 Certificate of Good Standing-Gretchen Elsner, #2 Proposed Order Proposed Order on Application for Pro Hac Vice (Gretchen Elsner)) (Grimes, Dylan) Modified on 8/30/2022 (dgo). (Entered: 08/29/2022)

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4 More Docket Entries
  • 08/23/2022
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  • Docket(#10) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gretchen Elsner on behalf on plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to Defendant Whole Foods Market, Inc. (ghap) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Karen E. Scott. (ghap) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#5) NOTICE of Interested Parties filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari, identifying Plaintiffs Sara Safari, Peymon Khaghani, Jason Rose, Farm Forward, and Whole Foods Market, Inc. (Tomaselli, Paige) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#4) CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Farm Forward (Tomaselli, Paige) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Tomaselli, Paige) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiffs Farm Forward, Peymon Khaghani, Jason Rose, Sara Safari. (Tomaselli, Paige) (Entered: 08/23/2022)

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  • 08/23/2022
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-33859495 - Fee: $402, filed by Plaintiffs Sara Safari, Farm Forward, Jason Rose, Peymon Khaghani. (Attachments: #1 Declaration CLRA VENUE DECLARATION OF PAIGE M. TOMASELLI) (Attorney Paige Michelle Tomaselli added to party Farm Forward(pty:pla), Attorney Paige Michelle Tomaselli added to party Peymon Khaghani(pty:pla), Attorney Paige Michelle Tomaselli added to party Jason Rose(pty:pla), Attorney Paige Michelle Tomaselli added to party Sara Safari(pty:pla))(Tomaselli, Paige) (Entered: 08/23/2022)

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