(Dec. 10) With a literary flourish, Whole Foods Market Inc. has fired another salvo in its battle with the Federal Trade Commission.

The Austin, Texas-based retailer cited "Alice in Wonderland’s" Queen of Hearts in its complaint that the FTC isn’t playing fair in its continued objection to the company’s 2007 acquisition of Boulder, Colo.-based Wild Oats Market Inc.

The FTC’s “off with her head” approach has been too rash, Whole Foods said.

According to the complaint, filed Dec. 8 in U.S. District Court, “the defendant FTC has acted no less blatantly than the Queen of Hearts in violating both the constitutional due process rights of plaintiff Whole Foods Market Inc.”

Whole Foods seeks to bar the FTC from conducting its administrative trial scheduled for February. The trial was made possible by the reversal of an appeals court decision this summer.

Whole Foods contends the trial, which is being conducted by the FTC, violates its rights for due process because the FTC has “publicly prejudged the case.”

Whole Foods planned to hold a press conference in Washington, D.C., Dec. 9 to explain the company’s basis for the suit.

The company planned to put boots to the ground following the conference, with regional and store managers nationwide visiting congress to ask for “Fair Play for Whole Foods Market” from the FTC.

“We are not asking congress to interfere with the merits of the litigation, but rather, to simply help change the venue from a biased one at the FTC to a federal judge who has exhibited no previous categorical prejudgments of the facts and the law,” said Walter Robb, co-president and chief executive officer for Whole Foods Market, in a news release.