$650K Hot Cocoa Settlement Ends Whole Foods Slack-Fill Class Action Lawsuit

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A $650,000 settlement will resolve a class action lawsuit against Whole Foods Market over its allegedly unlawful overuse of non-functional slack-fill in canisters of its 365 Organic and 365 Everyday Value Organic hot cocoa flavor mixes.

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The Whole Foods class action settlement received preliminary approval from the court on June 26, 2025 and covers who purchased one or more 12oz canisters of Organic Hot Cocoa Rich Chocolate Flavor Mix or 365 Everyday Value Organic Hot Cocoa Rich Chocolate Flavor Mix from a Whole Foods Market in California or, if bought remotely, while present in California, at any time between November 3, 2017 and March 13, 2025.

The court-approved website for the Whole Foods hot cocoa settlement can be found at GoodwinHotCocoaSettlement.com.

According to the website, there are approximately 156,662 people who are eligible to submit a claim for the class action settlement.

The deal offers eligible Whole Foods settlement class members a pro-rata, or equal-share, portion of the $100,000 of the settlement fund allotted for consumer compensation.

Class members who received an email notice stating that the court already has their name and address information are not required to do anything to receive class action settlement compensation.

Consumers who did not receive an email notice may submit a timely, valid claim form to receive their portion of the settlement fund. Per the settlement website, each household may submit up to two claims with no proof of purchase, while submitting three or more claims will require claimants to submit proof of purchase.

Class members may submit a claim form online by visiting this page on the hot cocoa mix settlement website.

Alternatively, a PDF of the claim form is available to print, fill out and mail back to the address listed on the first page of the form.

Spanish-language versions of the claim form and settlement notice are also available on the Whole Foods settlement website.

According to the settlement site, each class member who submits a timely, valid claim form will receive a prorated check worth an estimated $2.90. The exact amount each claimant may receive will depend on the total number of claims filed.

All claim forms must be submitted online or postmarked by October 14, 2025.

A hearing is set for December 3, 2025 to determine whether the settlement will receive final court approval. Payments will begin to be distributed to class members only after final approval has been granted and any appeals have been resolved.

As part of the settlement, Whole Foods will also change the packaging and labeling of the hot cocoa flavor mixes by adding a fill line to the products’ labels so as to visually indicate the approximate amount of contents within the canisters for units sold within California.

The Whole Foods class action lawsuit alleged that the company did not adequately fill its hot cocoa canisters and, by so doing, deprived consumers of the full value of the product for which they paid. According to the suit, the canisters of hot cocoa flavor mix at issue were comprised of “approximately 44% empty space,” known as slack-fill.

Did you know that some class action settlements require no proof to submit a claim? Check out the latest open class action settlements.