Whole Foods, the pricey grocery store and seller of pre-peeled oranges, is in the midst of a yogurt-based conspiracy. Philly.com writes that the chain is currently being accused of destroying evidence that is at the center of a class action lawsuit. Whole Foods is currently being sued over misleading customers over the amount of sugar in its store-brand greek yogurt in 11states.

The label on the Whole Foods 365 Everyday Value Plain Greek Yogurt said that the yogurt only had two grams of sugar, but review site Consumer Reports found that on average the yogurt had 11.4 grams of sugar. So a lawsuit was filed in 2014 and the grocery store “quietly pull[ed] the product from its shelves.” Whole Foods had assured a judge in 2015 that “samples of the yogurt had been retained for testing.” Now, however, the chain is being accused of destroying all of the yogurt on purpose.


For the lawsuit to continue, the plaintiffs need to be able to complete a FDA-complaint test of the yogurt which requires 12 cases of the diary product. If Whole Foods destroyed “the mountains” of yogurt—or hundreds of thousands of containers—it pulled from the shelves, which would render the FDA test impossible, it could face “legal ramifications.”


A lawyer for the plaintiffs, Joseph Osefchen, believes Whole Food “knowingly concealed” its “intentional destruction” of evidence for 16 months. A spokesperson for Whole Foods denies the allegation and believes them to be unfounded. But that poses the question—where’s the yogurt? Something that chain has still not been able to answer.

Whole Foods is constantly under fire it seems for misleading customers. Earlier this year, the chain recalled 74,000 pounds of its frozen “uncured beef pepperoni” pizza because it actually contained pork pepperoni instead. Whole Foods also recently settled a lawsuit accusing it of mislabeling the weight and price of many of its goods, resulting in customers being over charged.

[via Philly.com]