Last week, a self-identified gay pastor claimed a cake he purchased from grocer Whole Foods bore the message, “Love Wins Fag,” in blue frosting.

This story smelled funny from the get go.

Why? Because Austin is one of the most LGBT-friendly locals in the country. It’s basically Portland, Texas. Chances of this kind of thing happening in Austin are maybe .00001%. Not saying it’s impossible, just improbable.

In any case, accuser Pastor Jordan Brown made a video showing the cake in what he claims was a sealed box, unopened since he returned home from the store. Despite the clear window atop the cake box, Brown claims he did not notice the word “fag” until he reached his vehicle in the grocery store parking lot.

Brown also claims he reached out to Whole Food when he got home and that Whole Foods responded saying their employees did not write the nasty message. Brown then reached out to legal counsel. With representation from Kaplan Law Firm PLLC, Brown filed suit (included at the bottom of the post).

Whole Foods is having none of it.

Tuesday, the grocer released a statement saying they, “believe his accusations are fraudulent and we intend to take legal action against both Mr. Brown and his attorney.”

After reviewing security footage, they contend the UPC label (pictured on the side of the box in Brown’s video), was affixed to the top of the box when Brown checked out. The only words adorning Brown’s cake when he received it were “Love Wins,” says Whole foods:

  • 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.

Whole Foods published a 57 second clip of the security footage which showed Brown checking out and the position of the UPC label on the cake.

In this shot, Whole Foods claims you can see Brown approaching the register and what appears to be a giant label on top of the cake box:

jordan brown gay cake slur whole foods love wins fag hoax law suit legal action security footage

Contrast with Jordan’s home video:

Screen Shot 2016-04-19 at 2.41.44 PM

And an image Brown tweeted Monday:

Brown’s suit here:

Brown v. Whole Foods

Since, Whole Foods is threatening its own suit, more to come.

Follow Kemberlee on Twitter @kemberleekaye


Donations tax deductible
to the full extent allowed by law.