Lawsuit Says Whole Foods' St. John's Wort Lacks Main Ingredient

A proposed class action filed in Illinois district court claims Whole Foods Market, Inc. formulated, manufactured, advertised, and sold St. John’s Wort that did not contain “consistent amounts” of the dietary supplement’s sole active ingredient, hypericin, as listed by the product’s labeling. The 19-page complaint alleges Texas-headquartered Whole Foods knew the label on its St. John’s Wort product was deceptive to consumers, yet continued to make and sell the misbranded dietary herb as both a means of keeping manufacturing costs low and to benefit from a booming nutritional supplement market.

“When [the plaintiff] and class members were shopping for a St. John’s Wort product in the standardized form, they expected to receive the ‘guaranteed’ amount listed on the label based upon the general understanding of ‘standardized,” the lawsuit says. “Unfortunately, this is not what has happened.”

Hypericin is believed to be effective in helping treat depression-related anxiety, insomnia, and other conditions (though information does exist arguing that hyperforin, not hypericin, is the primary mover in battling depression and mood-based disorders). The Illinois woman behind the suit claims when she and proposed class members were shopping for St. John’s Wort, they expected the supplement to contain a “guaranteed” amount of the standardized hypericin extract because of the product’s label. Instead, the case asserts, the St. John’s Wort product allegedly contains even less hypericin—under 30 percent of what its label claims—than the amount described by a ConsumerLab.com watchdog report that pegged the supplement as containing less than 60 percent of what its label claims.

Coupled with allegations that the product simply does not contain enough of its advertised primary ingredient are claims that the dietary supplement is falsely and deceptively promoted by the defendants as an anti-depressant herb that can support “a healthy, positive mood.”

“Based on these test results, [Whole Foods Market’s] claims that its St. John’s Wort product contains ‘0.3% Hypericin, 0.9 mg’ and ‘Supports a Health, Positive Mood’ are false, deceptive and misleading,” the complaint says.

The lawsuit includes proposed classes and one Illinois-specific subclass: