Certain 365 By Whole Foods Herbs, Spices Contaminated with Heavy Metals, Class Action Says

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A proposed class action claims that certain 365 By Whole Foods Market herbs and spices contain, or possibly contain, the heavy metals lead, arsenic and cadmium. 

According to the 24-page suit, 365-brand basil, cumin and ground ginger were included in a November 2021 Consumer Reports exposé that revealed that certain herb and spice products contained levels of arsenic, lead and cadmium high enough to pose a health risk to children and adults, even when consumed in typical serving sizes. 

The filing contends that Whole Foods and parent company Amazon.com, Inc. “have stood idly by with a reckless disregard to their consumers’ health and well-being” while other companies in the industry have taken measures to limit the heavy metals in their herbs and spices. 

“No reasonable consumer would know, or have reason to know, that the Products contain (or risk containing) Heavy Metals,” the case reads. 

According to the complaint, exposure to heavy metals puts children at risk for a lowered IQ, behavioral problems, type 2 diabetes and cancer, among other health issues. For adults, even modest amounts of heavy metals can increase the risk of cancer, cognitive and reproductive problems and other adverse conditions, the case says. 

For its November 2021 piece, Consumer Reports analyzed 126 individual products from national and private label brands and found that roughly one-third of the products, 40 in all, had concerningly high levels of heavy metals, the suit relays. Consumer Reports posited that heavy metals may find their way into herbs and spices during manufacture, from processing equipment or packaging, the complaint says. 

The lawsuit claims that Whole Foods and Amazon failed to adequately test their herbs and spices for heavy metals and instead “chose to ignore the health of the consuming public in pursuit of profit.” 

The complaint argues that the presence, or potential presence, of heavy metals in foods is an important factor to reasonable consumers, and as such, the defendants knew that if the presence or risk of heavy metals were disclosed, consumers would be unwilling to buy the 365 By Whole Foods Market basil, cumin and ground ginger. According to the case, Whole Foods and Amazon “intentionally and knowingly concealed” their knowledge of the presence of heavy metals in the herbs and spices from the public.

“Since the presence (or risk) of toxic Heavy Metals in herbs and spices renders them unsafe for human consumption, the Products that Plaintiff and the Class members purchased are worthless or are worth less than Plaintiff and the Class paid for them,” the suit argues. 

The lawsuit looks to cover all persons in the United States who bought 365 By Whole Foods Market basil, cumin and ground ginger during the fullest period allowed by law. 

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