William Bender, Philly.com;
The case of the missing Whole Foods yogurt:
"The lawsuit, which was consolidated in Austin, hit a snag last month when the judge ruled against the plaintiffs because they had not conducted FDA-compliant testing, which requires samples from 12 cases of yogurt. Whole Foods could face legal ramifications if it destroyed all of the yogurt, making the stringent FDA test impossible.
"We can't do the test because they destroyed the stuff we needed to do the test," Osefchen. "My hope is, they can't get away with that."
Friday's motion accuses Whole Foods of "intentional destruction" of evidence and "knowingly concealing" it for 16 months.
"They knew they had a big mountain of yogurt," the attorney said. "It took hundreds of people to pull it off the shelves. They had to send it somewhere.""
