A lawsuit accusing a natural-foods grocer of overcharging customers has been revived.
On Friday, June 2, the 2nd U.S. Circuit Court of Appeals in New York City ordered Whole Foods Market to face a proposed class-action lawsuit accusing it of overcharging shoppers in New York City. The suit claims the chain overstated the weight of pre-packaged food in its supermarkets, according to
Reuters. The chain underwent an investigation in 2015, accused of routinely overcharging customers on groceries. These inspections dated back to at least 2010.
According to the report, Sean John, a frequent purchaser of pre-packaged cheese and cupcakes, sued the company for these practices. However, it is alleged that the lower court judge had erred in concluding that the plaintiff had no right to sue because he could not show that Whole Foods overcharged him for a specific purchase.
Despite paying $500,000 and agreeing to conduct regular in-store audits as a resolution for the allegations, Whole Foods Market is again in the hot seat. Writing for the appeals court, Circuit Judge Raymond Lohier said John had legal standing to sue, even if the Manhattan resident could not show that any of the food items he claimed to buy once or twice a month were mislabeled, the report said.
The case was returned to U.S. District Judge Paul Engelmayer in Manhattan, who originally dismissed the lawsuit in March 2016.
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