Whole Foods claims FTC violated due process rights

AUSTIN, Texas Whole Foods Market has re-filed its case against the Federal Trade Commission in the U.S. Court of Appeals for the D.C. Circuit to sooner reach a decision on the merits of the case. Whole Foods claims that the FTC with violated Whole Foods Market's due process and equal protection rights.

Because the FTC's administrative trial begins on April 6, Whole Foods Market said it decided not to spend time arguing the case on jurisdictional grounds and voluntarily withdrew it from the District Court, re-filing it in the Court of Appeals.

"Whole Foods Market is interested in getting to the merits of this case as quickly as possible rather than spending everyone's valuable time and resources arguing about jurisdiction," said Jim Sud, EVP of growth and business development for Whole Foods Market. "Filing with the Court of Appeals, which the FTC concedes has jurisdiction over the case, saves time and we want to move this case forward in the most expeditious manner for all concerned."

In its petition, Whole Foods Market asks the Court to bar the FTC from conducting a trial that would violate the company's due process rights because the FTC has already publicly prejudged the case against Whole Foods Market and has refused to give the company enough time to prepare for the administrative trial.