AUSTIN, TEXAS – Whole Foods Market, a business unit of Amazon Inc., was the subject of a class action lawsuit on Aug. 23 filed by three consumers and Farm Forward. The lawsuit claims the company is falsely marketing antibiotic-free beef items.

The plaintiffs claim that recent testing found beef at Whole Foods that contained antibiotics and other pharmaceutical residue. In the last two years, Farm Forward said it tested samples of meat purchased at six Whole Foods locations in San Francisco, Virginia, Chicago, and Salt Lake City.

“The presence of this residue demonstrates the cattle were treated with antibiotics or other pharmaceuticals while being raised,” the lawsuit stated.

The complaint, filed in US District Court in Santa Ana, Calif., noted that the Whole Foods slogan of ‘No Antibiotics, Ever’ has been used to market beef products starting in 2002.   

An example presented in the lawsuit was Whole Foods charging $31.99 per lb. for beef tenderloin. Plaintiffs claimed that other retailers charged $24.99 per lb. for the same cut of beef, making it a 28% markup with its antibiotic-free labeling. 

According to the complaint, the retailer markets at least 40 beef items as antibiotic-free. 

“Whole Foods markets its beef with the slogan, ‘No Antibiotics, Ever’ and reinforces this promotional message that its beef is antibiotic-free with other similar representations at retail stores, in online marketing, and on product packaging,” the complaint said.

The plaintiffs want Whole Foods to change its beef marketing and also pay undetermined punitive damages to consumers who overpaid. 

Whole Foods did not immediately respond to a request for comment at the time of publication.