Whole Foods is suing a customer who claimed his cake was decorated with a gay slur written on it in icing.
Pastor Jordan Brown, who leads the Church of Open Doors, accused Whole Foods bakery of selling him a cake with the words “Love wins” and “fag” written in icing.
Surveillance video shows Jordan at the checkout counter holding a cake with a UPC code label on the top of the cake box. Brown tweeted a photo of the same cake that shows the UPC label affixed on the side of the box.
“After a deeper investigation of Mr. [Jordan] Brown’s claim, we believe his accusations are fraudulent and we intend to take legal action against both Mr. Brown and his attorney,” the company said in a statement to the Austin Statesman newspaper.
Brown’s attorneys presented photos of Brown at the time of purchase holding the cake with the label on the side of the box.
But Whole Foods stands by the surveillance footage.
“After reviewing their 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,” Whole Foods said in a statement. “This is evident as the cashier scans the UPC code on top of the box,” the company said.
Whole Foods pointed out the bakery member who decorated the cake is “part of the LGBTQ community.”
“We stand behind our bakery team member,” the company stated. “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.”