On August 7 and August 12  people in New Jersey and Pennsylvania filed proposed class action lawsuits against Whole Foods Market, alleging that the label on “Whole Foods 365 Everyday Value Plain Greek Yogurt” drastically understates the sugar content per serving of the yogurt. Specifically, the suits allege that while the yogurt label says there are only 2 grams of sugar per 170 gram serving, the actual sugar content is over 11 grams; more than five times the amount stated on the label. The suits seek class action status for both New Jersey and Pennsylvania purchasers of the yogurt, bringing claims under the New Jersey Consumer Fraud Act, the Pennsylvania Unfair Trade Practices Act Consumer Protection Law,, breach of warranty and other claims.

The lawsuits cite a report in late July by Consumer Reports magazine, which tested six samples of the yogurt and found that it had an average sugar content of over 11 grams per serving.

The attorneys representing the plaintiff in the suit, DeNittis Osefchen of Marlton, are the same attorneys who filed the first class action lawsuit against Subway, over the length of the “Footlong” sandwich. As stated by attorney Stephen DeNittis:

“A lot of people are watching their sugar content these days. Diabetics and others with health concerns are particularly vulnerable to misstatements about sugar content. It is unrealistic to think that customers are going to test the contents of a food product themselves to make sure what’s really inside is what is says on the label. They have to be able to depend on the accuracy of the nutrition label. Whole Foods Market’s website says that its product labels are reviewed by registered dieticians to ensure accuracy, yet somehow we ended up with a product that has more than 5 times the amount of sugar claimed on the label. This should not happen. ”