Whole Foods sued over slogan touting beef as antibiotic free

Whole Foods was sued this week over its "No Antibiotics, Ever" marketing slogan for its beef.

Three consumers and animal welfare group Farm Forward filed the lawsuit Tuesday in Santa Ana. The lawsuit claims recent testing found the chain's beef does have antibiotics.

According to Farm Forward, Whole Foods has claimed since 1981 that all of the animals in its supply chain are raised without antibiotics. Antibiotic-free meat can cost as much as 20% more, and 75% of consumers are willing to pay more for it, the group said.

Farm Forward claims they have found residue of an antibiotic that can promote growth in cattle in products labeled "organic and "antibiotic free." A study recently published in the journal "Science" seems to back their claims after finding evidence that up to 22% of cattle within the Animal Welfare Certified program — which is used by Whole Foods — have come from feedyards where testing suggests antibiotics were used regularly, according to Farm Forward.

"We have hard evidence not only that meat on Whole Foods shelves could be marketed deceptively as antibiotic free, but that the problem extends to the entire industry," Andrew deCoriolis, executive director of Farm Forward, said in a statement. 

The group wants Whole Foods to change how it markets its beef, and pay punitive damages to shoppers who over paid for meat they believed was antibiotic free. 

Whole Foods and parent company Amazon have not yet commented on the lawsuit.