Whole Foods plans to take legal action over cake controversy

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UPC sticker seen on top of box.

Whole Foods says it plans on taking legal action against Pastor Jordan Brown, the man who claimed that a derogatory term was written on a cake he bought at a Whole Foods store.

The company released surveillance video from the day that Brown bought the cake and also released an updated statement saying that after "a deeper investigation" that it believes Brown's accusations are "fraudulent."

The complete statement is as follows:

After a deeper investigation of Mr. Brown's claim, we believe his accusations are fraudulent and we intend to take legal action against both Mr. Brown and his attorney. Here's what we know:

Our bakery team member wrote "Love Wins" at the top of the cake, which was visible to Mr. Brown through the clear portion of the packaging. That's exactly how the cake was packaged and sold at the store. Whole Foods Market has a strict policy that prohibits team members from accepting or designing bakery orders that include language or images that are offensive.

Mr. Brown admits that he was in sole possession and control of the cake until he posted his video, which showed the UPC label on the bottom and side of the box.

After reviewing our security footage of Mr. Brown, it's clear that the UPC label was in fact on top of the cake box, not on the side of the package.  This is evident as the cashier scans the UPC code on top of the box, which you can view here.

We stand behind our bakery team member, who is part of the LGBTQ community, and we appreciate the team members and shoppers who recognize that this claim is completely false and directly contradicts Whole Foods Market's inclusive culture, which celebrates diversity.


In a video Whole Foods uploaded on their YouTube Channel Pastor Jordan Brown can be seen carrying a cake box to the cash register. There appears to be a sticker with a UPC code on the top of the box.


The Whole Foods cashier can be seen scanning the UPC code on the top of the box.


In a video uploaded to the Kaplan Law Firm's YouTube Channel Mr. Brown says, "It is still in a sealed box, as you see I have not opened up this box yet, it is still sealed. As you see right here."

The video shows Pastor pointing to the sticker with the UPC code however the sticker is no longer on the top of the box as it appeared in the video uploaded to YouTube.

Equality Texas released this statement regarding the Whole Foods incident:

"We do not have all of the details or facts regarding this incident. Therefore, we do not have a comment on the matter. If people are interested in learning more about how they can end discrimination for LGBT Texans - we hope that they will join us by visiting our website www.equalitytexas.org"


Pastor Brown's lawyer Austin Kaplan released the following statement to FOX 7:

“At this time we are aware of the Whole Foods’ press release, the alleged security video, and the countersuit by Whole Foods against Pastor Brown, and we are currently investigating these allegations.”