Whole Foods' 365 Pickles Are At The Center Of A Recipe Stealing Scandal

Whole Foods Market, Inc. is caught up in the second lawsuit between Grillo's Pickles and Patriot Pickle, Inc. this year. The latest case, filed in the state of Florida, accuses Patriot Pickles of violating several laws, including the Defend Trade Secrets Act and the Florida Uniform Trade Secrets Act, by selling a line of pickles under Whole Foods' 365 label nationally using Grillo's proprietary pickle recipe.

In a press release issued by Grillo's Pickles, company president Adam Kaufman accuses its former co-packer (from 2014 to 2021), Patriot Pickle, of violating "our agreements and producing a nearly identical line of pickles for one of our biggest retailers, threatening to permanently damage our business." The century-year-old company contends that Patriot Pickles had access to its recipes and equipment to create a product with identical ingredients. It points to an organic acid profile test performed as evidence.

Grillo's is asking the Florida court to issue an emergency injunction to immediately prevent Patriot Pickles from capitalizing on the industry's busiest time of year, summer grilling season, by selling its pickles at a lower price point at its biggest retailer, Whole Foods. Grillo's also plans to sue for a permanent injunction and damages to its business and customer base.

Trouble began soon after Grillo's severed ties with Patriot Pickles in the summer of 2021. In January 2023, Grillo's Pickles filed its first lawsuit against Patriot Pickles, alleging the former co-packer, with co-defendants Arkk Food Co. and Wahlburgers I, LLC., falsely claimed the pickles sold at Massachusetts-based Wahlburgers restaurants were all-natural and free of preservatives. 

Patriot Pickles manufactures, packages, labels, and ships the similarly flavored and marketed pickles to Wahlburgers on behalf of Arkk Food. While the packaging label did not list its ingredients, it states the product is "fresh" and "all-natural" like Grillo's, despite containing more than trace amounts of the artificial chemical preservative sodium benzoate, which extends its shelf life.

Grillo's seeks compensation based on damages sustained by the brand, including treble damages (up to three times the actual or compensatory damages), attorney fees and costs, and punitive damages. It has also asked for preliminary and permanent injunctions in this case, but the defendants argue that the "inadvertent" mistake has been corrected, making the injunction unnecessary. The case is still pending in a New Jersey Federal court.