Sep 13, 2013 01:30 PM EDT
Whole Foods Lawsuit: California Claims Market is Selling Unregistered Pesticides

Whole Foods, the market that calls itself "America's healthiest grocery store" is being sued by the state of California for violation of pesticides regulations. 

According to the Huffington Post, California Department of Pesticide Regulations claim the market sold four products containing pesticides not registered with the state. The lawsuit also claimed the company has resisted efforts to bring it into compliance.

Based on media reports, the four products in question are all pet products and repellants, which include Enviroman Bugs R Done insect spray, 365 Natural Pine Pellets cat litter, Purely Botanical cat flea spray and Purely Botanical dog flea spray.

"Put it this way, it's not news to Whole Foods," said Charlotte Fadipe, Assistant Director of Communications for the California Department of Pesticide Regulation. "We've been going back on this at least a year."

News10 reported the state is seeking a court order forcing Whole Foods to show records and provide state officials an acceptable explanation against the accusations. In order to sell a company must register a pesticide product with the state. The product has to be tested and approved before its use.

"What we're saying to Whole Foods is, 'You are selling unregistered pesticides that we all use on our family pets, that therefore we're bringing into our homes, and by law, you have to register it as a pesticide and have not been doing so,'" Fadipe said. "We cannot say that this product is safe."

California collects 2.1 cents per dollar on sales of registered pesticide products and those selling unregistered pesticides are subject to civil penalties of up to $10,000 per violation.

PetSmart agreed to pay a $143,000 civil penalty last year for selling 33 unregistered pesticide pet products in California. Petco, which sold 40 unregistered products, settled with the state for $133,000.

"All we want is for Whole Foods to play by the same rules that everybody else plays by," Fadipe said.

Fadipe said this is an ongoing issue with the stores and they will be investigating Whole Foods for a range of products they believe are unregistered and sold in their California locations. 

"This is not a shock to Whole Foods," she said. "We just think they should follow the law like everybody else. It's a matter of creating a level playing field."

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