“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,” the company said in the statement.
The counterclaim states Brown "intentionally, knowingly, and falsely accused Whole Foods and its employees of writing the homosexual slur on a custom made cake that he ordered..."
Whole Foods is seeking $100,000 in damages.
The retailer said Monday in response to Brown’s claims that their bakery team member wrote “Love Wins” at the top of the cake. This, the retailer recounted on Tuesday, 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,” the company said. “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.”
The retailer went on to say Brown admitted 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 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. “This is evident as the cashier scans the UPC code on top of the box, which you can view here.”
The company said it continues to stand behind its team member.
“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,” the company said.
Brown can be seen approaching the check-out counter at :20.