Whole Foods’ Board of Directors Gets Some Gumption (WFMI, OATS)

After the close, Whole Foods Market’s (NASDAQ:WFMI) issued three press releases, all of which were expected.  This board has not been a very strong board as far as its control and dominance over management, and this is the first formality the company has made in actually having some power over the company.

The Board of Directors announced it has formed a Special Committee to conduct an independent internal investigation into online financial message board postings related to Whole Foods Market and Wild Oats Markets. The Special Committee has retained the firm of Munger, Tolles & Olson LLP to advise it during its investigation.  The Board will refrain from comment until the internal investigation is completed.

John Mackey, Chairman & CEO has issued a formal statement: "I sincerely apologize to all Whole Foods Market stakeholders for my error in judgment in anonymously participating on online financial message boards. I am very sorry and I ask our stakeholders to please forgive me." 

The company has also noted that has been contacted by the staff of the SEC late yesterday, although that can’t be any surprise.  Whole Foods said it intends to fully cooperate with the SEC and does not anticipate commenting further while the inquiry is pending.

You can be that Wild Oats (NASDAQ:OATS) is trying to figure out if it wants to sue Mackey and Whole Foods for abuse and for causing extra damage or if they just bite the bullet and try to wait out to see if the merger can go through.

We laid out some general expectations last week, and this is probably just the first part.  There was also the full chain of his posting history from the Yahoo! Message Boards.

Jon C. Ogg
July 17, 2007

Jon Ogg can be reached at [email protected]; he does not own securities in the companies he covers.