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Suit Against Whole Foods for Overcharging Gets Dismissed

A federal district judge has thrown out a suit against Whole Foods that mostly relied on an NYC Department of Consumer Affairs 2015 release stating that the upscale supermarket chain was systematically overcharging for pre-packaged foods. So reports the New York Law Journal.

The suit failed because its plaintiffs, Sean John and Joseph Bassolino, failed to provide receipts proving they had been overcharged for any particular item and therefore didn’t sufficiently allege "concrete and particularized" harm. Had John and Bassolino alleged that Whole Foods had an “across-the-board pattern” of overcharging for all pre-packaged products while the pair were shopping in Whole Foods’ New York City stores, they would have only needed proof they had purchased any pre-packaged products during the relevant time period.

Pursuant to a 2015 settlement between Whole Foods and the Department of Consumer Affairs, the supermarket chain paid a $500,000 fine and agreed to implement standardized pricing and labeling procedures, but did not admit wrongdoing or intentional misconduct.

Read the full article from the New York Law Journal.

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