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401k Plan ERISA Settlement

Winkelman et al. v. Whole Foods Market, Inc. et al., No 1:23-cv-1352-RP
United States Court for the Western District of Texas, Austin Division

File Claim

If you were a participant in the Whole Foods Market Growing Your Future 401(k) Plan with an account balance at any time between November 6, 2017 and July 24, 2025, or a Beneficiary or Alternate Payee of such a participant, you may benefit from this class action settlement.

The Settlement, if it is approved, resolves a lawsuit against Whole Foods Market Inc., The Board of Directors of Whole Foods Market, Inc. (“Board”), the Whole Foods Market, Inc. Employer Committee, the Whole Foods Market, Inc. 401(k) Committee, the Whole Foods Market, Inc. Benefits Administrative Committee (collectively, “Defendants”). In the lawsuit, Plaintiffs allege the Plan fiduciaries allowed the Plan to pay higher recordkeeping and administrative fees than necessary. Plaintiffs also alleged that Whole Foods and the Board failed to monitor the Plan’s fiduciaries. Defendants deny all the allegations in the lawsuit and have asserted that their conduct was entirely proper and that they complied with all applicable laws.

This website is provided as a service to potential class members. The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice of Pendency of Class Action and Proposed Settlement.

Current Status

  • The Court granted Preliminary Approval of the Settlement on July 24, 2025.
  • The Court will hold a Fairness Hearing on January 15, 2026, at 9:00 a.m. to consider any objections.
  • If you are a Plan participant, or Beneficiary or Alternate Payee of a participant and you have an Active Account in the Plan, you do not need to take any action in order to receive payment under the Settlement. If you are a Former Participant, or a Beneficiary or Alternate Payee of a Former Participant and you do not have an Active Account in the Plan, you will need to submit a Former Participant Claim Form by the submission deadline in order to receive payment under the Settlement.

What Are My Options?

File a Claim Form (Former Participants Only)

— Deadline: November 21, 2025

If you are a Former Participant, or a Beneficiary or Alternate Payee of a Former Participant and you do not have an Active Account in the Plan, you will need to submit a Former Participant Claim Form by the submission deadline in order to receive payment under the Settlement.

Object

— Deadline: December 16, 2025

Settlement Class Members can object to the Settlement and give reasons why they believe that the Court should not approve it. To object, you must send your objection to United States District Court for the Western District of Texas, Austin Division 501 West Fifth Street, Suite 1100, Austin, Texas 78701.

Attend Hearing

— Scheduled: January 15, 2026, at 9:00 a.m.

The Court will hold a Fairness Hearing on January 15, 2026, at 9:00 a.m. to consider any objections. The Fairness Hearing will take place at the United States District Court for the Western District of Texas Austin Division, 501 West Fifth Street, Suite 1100 Austin, Texas 7870. You do not have to attend the Fairness Hearing; however, you are welcome to attend at your own expense.