LOS ANGELES, CA - Allegations against Whole Foods for overcharging on produce items in checkout was dismissed by Los Angeles Superior Court Judge William Highberger yesterday, November 3, according to source Law360.
Named plaintiff Michael Rose alleged that the retailer misled and overcharged produce buyers by having scales in the produce department that displayed a "misleadingly low weight" for items, having the scales at checkout stations calibrated to make items "appear heavier," and displaying falsely low per-pound prices in advertisements, Law360 reported.
Judge Highberger expressed skepticism due to lack of Rose’s actually alleging facts to support his original contention: that the grapes he bought at a Whole Foods market had in fact weighed less than what the checkout scale had indicated.
Rose filed suit in April alleging that during his shopping trip to Whole Foods in January, 2015, he weighed out one pound of grapes advertised as $3.99 per pound in the produce department, according to the report. At the register, however, he was charged double that amount, Rose’s attorney told the court Thursday.
While Judge Highberger contended that Whole Foods’ produce scales are not inspected and certified, its checkout scales are by county authorities. To that end he wrote that those scales are presumably accurate.
“Does he have any evidence, reason to know what the weight of the grapes was besides that he held them?” Judge Highberger said. “Is he somebody by holding grapes in his hand knows the weight?”
While the judge wrote that he would grant leave to amend should the consumer return with more verifiable evidence, it seemed unlikely when reading the report.
“If you make it work, Mr. Selik, credit to you, but if you’re hoping to make a lot of money on the produce scale theory, I don’t think I’m going to change my mind,” the judge told Rose’s attorney. “I’d say take your adverse ruling and talk to the court of appeals, but today’s not the day to send you to the court of appeals.”
The proposed class covers all Whole Foods shoppers who weighed their food in the grocery store’s produce department before purchasing during the past three years, which Rose estimated in the complaint to include at least 1,000 people.
AVONDALE, PA – To-Jo Mushrooms held its second annual Health Fair on Tuesday, Oct. 25th. The premier mushroom grower showcased both its commitment to employees’ health and well-being, and its deep ties to the community.
“This year’s turnout was incredible; if we can keep our team happy and healthy they will come to work and deliver their best everyday,” said To-Jo’s Vice President, Joe D’Amico. “This health fair was the brainchild of our recently established Wellness Team and is a great opportunity to showcase our programs and area partnerships.”
Partners in area businesses were encouraged to participate and grow their ties to the business community, according to a press release, with 13 area vendors and local health professionals featured.
“Partnering with To-Jo has been a great experience for Wells Fargo. This health fair is a great example of a company going above and beyond for its employees; offering an engaging, innovative way to promote health and wellness,” said Samantha Kimmel, Wells Fargo Insurance Services Account Executive.
The daylong event, organized by To-Jo’s team of Wellness Ambassadors, featured several local vendors and healthcare professionals, offering a variety of health related services and demonstrations to over 200 employees. These offerings included:
- On-site biometric and vision screening
- Flu shots
- Chair massage
- Salsa dancing and a kickboxing demo
- Raffles with prizes like Fit Bits, gym membershps, and Nutri Ninja blenders
“The day was really amazing, who would have thought I would be kickboxing and salsa dancing at a mushroom farm," said To-Jo IT Systems Analyst, Jason Coles. “To-Jo continues to surprise us throughout the year, and this was another great event to add to the list.”
Keep checking in with AndNowUKnow as we report on what the next year will yield in To-Jo's continued commitment to its employees and the place it calls home.
LOS ANGELES, CA – Kicking off the new 2016-17 crop with its largest volume to date, Wonderful Halos is pairing this increase with the launch of a new $30 million advertising campaign, “Good Choice, Kid.” The fully-integrated campaign is designed to celebrate kids who make good and healthy snacking choices.
“Wonderful Halos are a good choice both parents and kids can agree on,” said Adam Cooper, Vice President of Marketing at Wonderful Halos. “Parents love Halos because they’re an ideal, healthy snack full of ‘pure goodness,’ and kids love our palm-sized mandarins because they’re easy to peel, seedless and bursting with sweet flavor."
The television campaign, according to a press release, will air on national network and cable stations. The spots feature kids being rewarded for their good decisions and avoiding temptations such as the following:
- Swapping snacks with a scary witch
- Running away to join the circus
- Breaking into a construction site.
Wonderful Halo’s campaign is extending beyond just the colorful TV spots to also feature print, out-of-home, national FSIs, in-store POS, digital and PR to market its sweet, seedless, and easy-to-peel fruit.
"Wonderful Halos has been the No. 1 mandarin brand every year since launching in 2013 and we are more than 70% bigger than the next largest mandarin brand," continued Cooper. "Our breakthrough ‘Good Choice, Kid.’ campaign allows us to maintain that top standing and even expand our market leadership, while celebrating kids who make the smart choice of enjoying a healthy snack like Wonderful Halos.”
Kids will also be encouraged to pick up Wonderful Halos by collecting Halo fruit stickers of all 50 states. Each sticker will feature specific landmarks and state scenery, which happy kids can display on a free “Halos United States of Pure Goodness” printable map, downloadable here. Collecting all the stickers will enter each young eater for a chance to win a prize.
Wonderful Halos are in season from November through April. They are available in two-, three-, and five-pound boxes as well as a festive new seven-pound holiday-themed box available this Thanksgiving through Christmas. Wonderful Halos can be purchased from retailers nationwide.
So did all the kids choose Wonderful Halos over their wacky and tempting situations? Watch the above videos to find out.
WEST ODESSA, TX - The latest twist on transportation havoc takes us to West Odessa, Texas, where a melon truck’s cab caught fire late last week. Luckily, the driver was able to escape before the entire front of the cab was lost.
“As soon as we arrived on scene we found a fully boxed refrigeration unit, and it was totally on fire,” Assistant Chief Andy Gibson said at the scene, according to news source Odessa American. “So the only thing we could do was put it out. We don’t know how it happened, but it’s going to be here for a while.”
The incident caused hours of traffic on Interstate 20, though there were no injuries save for the melons.
The blaze was extinguished by West Texas Volunteer Firefighters about 10 minutes after arrival, but the remains, including the destroyed front of the truck and smoking melons, continued to smolder for about two hours.
Cause is currently unknown, though the driver, Weldon Carter, told the Odessa American that he had a theory as a fellow driver on the road alerted him to a burning spare tire he kept in the back seat while driving down the Interstate, transporting the melons from Yuma, Arizona, to Brooklyn, New York. Carter guessed that the spare tire might have rolled in front of the muffler of a refrigeration unit he kept in the front of the cab, heating it enough to catch fire.
Carter was able to pull over and tried to put the fire out with an extinguisher, but reported that the winds fanned it and the flames spread to quickly, despite assistance from a fellow driver. The other driver yelled for Carter to run from the truck, and the two were able to get away before the refrigeration unit exploded.
“I’m very thankful,” Carter said. “It’s just frustrating. I can’t even describe it. My life was in that truck, and it’s all in ashes. But I’m alive.”
Last reported, the Texas Department of Public Safety were investigating.
MINNEAPOLIS, MN - It looks as though Target may have a bit more tweaks in store as it makes its way towards the top of the prospective grocery sector. The retailer has announced another executive has left the company, this one being Target’s grocery chief Anne Dament.
Although Target did not discuss the circumstances surrounding Dament’s exit, the Senior Vice President of Grocery Merchandising’s official last day has been announced as November 18, 2016. Dament held her role for 18 months.
The StarTribune reported that Target’s company spokeswoman Katie Boylan stated that Dament’s work is already being redistributed to Mark Tritton. Tritton is the retailer’s Chief Merchandising Officer and senior to Dament.
Dament’s exit is spreading through the buy-side sector as a bit of a surprise, having been hired initially by CEO Brian Cornell as one of his first appointments to put a further focus on grocery. Recently, Target’s Chief Digital Officer left the company, as did the retailer’s Chief Marketing Officer.
Target stated that it will be searching both internally and externally for a replacement for its head grocery position.
What new strategies will Target unveil to continue its ramped up focus on fresh, and which executive will step into the vacated role? As Target makes moves to step further into grocery, AndNowUKnow will keep you updated.
ORLANDO, FL - Doug Cole, Director of Marketing and Communications for J.R. Simplot, met with us at the RPE booth at Fresh Summit to share why the company is excited about its White Russet Potato, and why it feels retailers and consumers should be as well.
“White Russet Potatoes have low bruising and no black spots, and when you cut into them they don’t turn brown. So there’s a significant waste saving for the consumers, and for the retailers it’s really a great thing because there’s less shrink,” Doug says.
Doug further explains that aside from waste savings due to not browning when cut, the potato offers an extra edge in convenience for consumers.
White Russets don’t need to be soaked, saving time in preparation on anything from potato salad, to home fried or sliced potatoes.
White Russets also offer a health twist to consumers, Doug shares. “White Russet Potatoes provide a healthy, sustainable option for consumers. In the next generation they’ll have leaf blight resistance which causes Irish potato famine, so there will be less pesticides applied to these potatoes.”
Want to learn all about it from Doug himself? Watch the full interview in the short video above.
MCMINNVILLE, OR - With Thanksgiving and Christmas growing ever closer on the horizon and cranberry-themed dishes rounding out consumers’ plates, HBF International reports that the cranberry market is on track for the current season.
“This season we’re seeing great quality fruit with good sizing,” Marketing Manager Lori Hickey tells me of the company’s current crop harvesting out of Greyland, WA, and Oregon. “We are into our later season varieties such as MacFarlands and Stevens, and expect to be done with our harvest by next week.”
Lori says that although the company is already wrapping up its harvest, HBF International plans to continue to pack its stored fruit in order to have a plentiful supply throughout the holiday season.
“Our programs and pricing are consistent with last season, with the market right on track for this time of year as well,” Lori says. “We always see demand spike for cranberries as we get closer to Thanksgiving promotions, and we remain strong with product throughout that time.”
This year has been a wet one for the Northwest harvesting areas, which has impacted growers who utilize a dry harvest method for cranberries. Lori says that while dry harvesting is HBF International’s preference for collecting berries, companies who wet harvest their fruit shouldn’t be affected by this season’s weather.
Lori tells me that although HBF International is experiencing slightly lower volume than normal for its cranberry harvest, the company is quickly making up for the light dip by adding more growers than ever into its portfolio of farmers. Overall for the industry, Northwest volume remains steady with domestic regions on time.
So as consumers begin to flush out their menu plans with cranberry-filled dreams, what tips does HBF International have for shoppers and retailers?
“We encourage the consumer to think outside the box with more usage ideas than just their traditional Thanksgiving meal,” Lori finishes. “We are always willing to help consumers and retailers alike expand beyond their current ideas and materials with cranberries.”
As the season progresses, stay with AndNowUKnow for a current read on the relevant holiday markets.
AUSTIN, TX - Big changes are coming to Whole Foods’ leadership structure, the company announced. In a shakeup of its Co-Chief Executive Officer structure, the retailer revealed that Walter Robb is stepping down, with Co-Founder John Mackey taking the role as sole CEO.
“Under Walter’s leadership, Whole Foods Market has grown from 12 to 464 stores in three countries. He has been instrumental in accelerating investment in our digital strategy and technology transformation to meet the ever-changing retail landscape,” explained Dr. John Elstrott, Chairman of Whole Foods Market’s Board of Directors. “In the past year, Walter and John have hired five new senior executives, and have adopted and made significant progress on their nine point strategic plan, putting the company in a strong foundational position for winning.”
According to a press release, the 25-year Whole Foods vet will remain on the company’s Board of Directors, as well as continuing to serve as Chairman for both the Whole Kids Foundation and Whole Cities Foundation. The company reports that he will officially transition his Co-CEO responsibilities on December 31, 2016, while continuing to stay on as a senior advisor.
“It is impossible to convey what Walter has done for Whole Foods Market since he joined us in 1991,” added Mackey. “His incredible passion for retail and sense of the customer makes him the most extraordinary retailer I’ve had the privilege to work with. During his 25 years of leadership, Walter has been an advocate for the Whole Foods Market culture and a champion for our Team Members. His genuine love for our mission and our Team Members truly reflects what it means to be a conscious leader.”
In addition to this executive restructuring, Whole Foods announced the retirement of 29-year Chief Financial Officer for the company, Glenda Flanagan. Both Mackey and Robb referred to Flanagan as an outstanding CFO, whose intelligence, wisdom, business acumen, kindness, and integrity have been at the heart of everything Whole Foods Market has done.
And last but not least, Mary Ellen Coe, the Vice President of Sales and Product Operations for Google, has joined the Whole Foods Market Board of Directors. Elstrott said the company is confident that her expertise and understanding of the evolving marketplace will benefit the company as it remain focused on strategic investments in marketing and elevating digital experience.
AndNowUKnow will have all eyes on Whole Foods as they head into this new era of leadership, so continue checking back for updates.
PLEASANTON, CA - Safeway is growing its presence in California, having just announced a deal to purchase an East Bay grocery chain called Andronico’s Community Markets.
“Andronico’s Community Markets have developed a well-respected brand and loyal customer base, and we are committed to keeping the local heritage alive,” said Tom Schwilke, President of Safeway Northern California, according to news source East Bay Times. “Our goal is to preserve everything great about Andronico’s while adding Safeway’s innovations and great Own Brands products including O Organics.”
This is the Albertsons banner’s second California buy in recent weeks, having just acquired Sonora, California-based G&G Supermarkets.
“We’re proud that Safeway has chosen our stores and our TeamMates to join their dynamic company,” said Suzy Monford, CEO of Andronico’s Community Markets, in a company statement. “We’re synergistic retailers who share a commitment to best quality, local, and artisanal foods, as well as in supporting union jobs within our communities.”
Andronico’s reported that, while Safeway has entered into an agreement to purchase all five stores belonging to the banner, employees at all locations will continuing to enjoy the same union pay rates and benefits.
The well-established chain is almost 90 years old, and currently has stores in Berkeley, Los Altos, San Anselmo, and San Francisco.
What will be the next move for Safeway as it further pursues growth? AndNowUKnow will continue to report as more becomes known.
ORLANDO, FL - This holiday season, Produce for Kids has announced that for each new like on their Facebook and Instagram pages they will donate one meal to Feeding America, up to 55,000, during their first Holiday Meal Drive.
“We will be calling on our current fans, partners, blog contributors and our registered dietitians to help us drive meals through social shares and messaging,” said Trish James, Vice President of Produce for Kids. “It will be a team effort, but we know we work with a fan base of people who are just as passionate as we are about giving back.”
The company stated in a press release that according to the USDA, one in eight people in the U.S. struggle with hunger. Produce for Kids has raised $5.9 million for children and families in need since 2002, and more than $408,000 for Feeding America—the nation’s largest hunger-relief organization.
Produce for Kids was recently recognized as a Feeding America Guiding Partner and will be recognized on the Feeding America website in 2017. In addition to the Holiday Meal Drive, Produce for Kids will continue to promote the sale of “Healthy Family Classics 50 Registered Dietitian-Approved Recipes from Our Kitchen to Yours” cookbook through the holidays. All proceeds from the cookbook are donated to Feeding America programs that benefit children and families.
“Holiday celebrations this time of year revolve around families and friends gathering at the dinner table. Unfortunately, not every family in the U.S. is able to have the bountiful food that many of us enjoy,” continued James. “We wanted to ensure we are doing everything we can to make a positive impact for families this time of year."
Throughout the season, Produce for Kids will be sharing healthy holiday recipes and will host two Twitter parties to focus on both healthy holiday meals and driving new likes to their Facebook and Instagram pages.
For updates on all things produce, stay in touch with AndNowUKnow.