The Plaintiff in this case alleges that Whole Foods Market mislabeled the Product by selling the cocoa mix in large and opaque cannisters that contained non-functional empty space and that California consumers, in reliance on the size of the cannister, believed they were purchasing more cocoa powder than they got for the price they paid. This is sometimes referred to as a slack-fill claim. Specifically, Plaintiff alleges that Whole Foods Market negligently misrepresented the Product and violated California law, including the Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law, by selling the Product in California with alleged non-functional slack-fill. Mrs. Gooch’s and Whole Foods Market California deny Plaintiff’s allegations, deny they misrepresented the Product or violated California law or any other state or federal law and contend that they did nothing wrong. Your legal rights are affected whether you act or do not act.
You must submit a Claim Form to get a cash payment, unless you received an email notice informing you that the Claims Administrator already has your name and address information. You will be bound by the terms of the Settlement even if you do not submit a Claim Form. Submitting a Claim Form is the only way to receive a cash payment if you did not receive an email notice from the Claims Administrator. Claim Forms must be postmarked or submitted online by October 14, 2025.
Included in this settlement as a Class Member are:
All persons who purchased one or more 12 oz cannister of 365 Organic Hot Cocoa Rich Chocolate Flavor Mix or 365 Everyday Value Organic Hot Cocoa Rich Chocolate Flavor Mix from a Whole Foods Market store located within California or, if purchased remotely (such as online), while present in California during the Class Period of November 3, 2017 to March 13, 2025.
Excluded from the Settlement Class are: Mrs. Gooch’s and WFM California, as well as their affiliates, employees, officers, and directors, insurers, and the attorneys representing them in the Action; the judges and mediator to whom the Action is assigned; all persons who validly request exclusion from (opt-out of) the Settlement; and all persons who previously released any claims encompassed in this Settlement.
Your legal rights are affected regardless of whether you do or do not act. Read the Notice and FAQs carefully.
Your Legal Rights & Options in this Settlement | |
|---|---|
Submit a Claim Form | You must submit a Claim Form to get a cash payment, unless you received an email notice informing you that the Claims Administrator already has your name and address information. You will be bound by the terms of the Settlement even if you do not submit a Claim Form. Submitting a Claim Form is the only way to receive a cash payment if you did not receive an email notice from the Claims Administrator Claim Forms must be postmarked or submitted online through the Claim Form portal by October 14, 2025. |
Update your Information/Select a Payment Method | If you received an email notice with a Notice ID and PIN but need to update your name or mailing address information, or you want to elect to receive a settlement payment electronically rather than a paper check, you must update your information or make the payment method selection through the Update your Address/Payment Method portal or by contacting the Claims Administrator by mail or phone by December 3, 2025. |
Exclude Yourself | You may choose to exclude yourself from the Settlement by submitting a Request for Exclusion. If you choose to exclude yourself, then you will not receive a cash payment and will not be bound by the terms of the Settlement. This is the only option that allows you to keep your right to sue Whole Foods Market about the legal claims resolved by this Settlement. Requests for Exclusion must be postmarked by October 14, 2025. A sample Request for Exclusion form can be found under "Important Documents." |
File an Objection | If you do not exclude yourself from the Settlement, you may object to it by writing to the Court about why you do not like the Settlement. If you object to the Settlement, you remain part of the Settlement Class. Your written objection should be submitted to the Claims Administrator and must be postmarked by October 14, 2025. |
Go to a Hearing | If you object, you or your attorney may speak in court to the judge about the Settlement at the Final Approval Hearing on December 3, 2025, at 10:30 a.m. |
Do Nothing | You will not receive a cash payment under the Settlement unless you submit a Claim Form or you received direct notice informing you that the Claims Administrator already has your name and address information. If you do nothing, you will remain a Settlement Class Member and bound by all terms of the Settlement. You will give up your right to be part of any other lawsuit against Whole Foods Market or any other Released Parties about the legal claims released by the Settlement. |
The Court in charge of this case must still decide whether to grant final approval of the Settlement. Payments will be issued if the Court grants final approval and after appeals, if any, are resolved. Please do not telephone the Court or the Court clerk’s office to inquire about this Settlement or the process to submit a claim form. Please be patient.
Opt-Out Deadline
10/14/2025
Objection Deadline
10/14/2025
Claim Deadline
10/14/2025
Final Approval Hearing
12/3/2025 at 10:30 a.m.