Whole Foods Threatens to Sue the
Organic Consumers Association

   OCA, the Organic Consumer’s Association, is America’s organic watchdog and arguably our greatest resource and advocate for the organic movement.
   On August 26th, OCA received a faxed letter from an attorney representing Whole Foods. Rather than respond in kind or by sending a response through the mail, OCA Director Ronnie Cummins wrote an open letter (posted on the OCA website) to John Mackey, CEO of Whole Foods.
   Cummins begins with this opening salvo:

Dear John,

Thanks for your letter dated August 26, signed by one of your attorneys, threatening to sue the Organic Consumers Association (OCA), under the bizarre pretense that a petition we've been circulating violates your "intellectual property rights." Given all the bad publicity that you've gotten lately for admitting that Whole Foods Market (WFM) retail stores are purveyors of "junk food;" that WFM needs to sell a lot more certified organic products (rather than conventional items greenwashed as "natural"); that WFM's "365" private label products need to be thoroughly tested for GMO contamination; that you don't think all Americans deserve government subsidized access to health care; or need labor unions; perhaps you may want to reconsider suing the largest organic consumer watchdog organization in the United States.

   Cummins’s long, eloquent letter recounts the interesting history between OCA advocacy and Whole Foods’ responses as well as current issues of contention. Though a link to the Whole Foods letter was included, none of these 1500 + words were used to explain that Whole Foods simply demanded the OCA stop using the Whole Foods’ logo without permission. The implication was that Whole Foods was trying to stop OCA’s current campaign by an underhanded legal maneuver. 
   Whole Foods, along with every other company, is completely within its rights to insist its logo not be used without permission. Nothing about this request or demand is “bizarre.” In addition, the lawyer faxed his request to the OCA rather than sending a certified letter, an action which indicates he was trying to be unusually civil about the matter.  In the letter he stated, “While we acknowledge and respect your right to voice your disagreement with Mr. Mackey’s editorial, we must insist you do so without infringing our client's federal trademark rights.”
   Since we agree Whole Foods needs to step up and address the issues of junk food on their shelves, GMOs, the need to increase the sale and support of organic food, to make a stand for worker’s rights and so forth, we were ready to jump to the OCA’s defense when we read a lawsuit was threatened. We were deeply disappointed to discover just how wrong Ronnie Cummins is in this instance. Ronnie, don’t waste the OCA’s time and resources in something so fundamental. Admit you were wrong, and move on!

Read OCA's story here and here.