Early in the 2014-2015 proxy season, the Division staff issued a no-action letter allowing Whole Foods Market, Inc. (Whole Foods) to exclude a proxy access shareholder proposal because Whole Foods was submitting its own proxy access proposal. While the Whole Foods proxy access proposal was more issuer-favorable in certain respects, it was similarly structured to the shareholder proponent's proposal and the argument supporting exclusion had been accepted by the Division staff on numerous previous occasions involving other proposals on shareholder rights such as those involving special meetings or majority written consents.