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Class action lawsuit against Whole Foods: Retailer hides fees through small print

Class action lawsuit against Whole Foods: Retailer hides fees through small print

Whole Foods store exterior signage depicting the Whole Foods class action lawsuit.Whole Foods store exterior signage depicting the Whole Foods class action lawsuit.
(Image credit: Michael Berlfein/Shutterstock)

Whole Foods Class Action Lawsuit Fees Overview:

  • WHO: Plaintiff Yaacov Silberstein has filed a class action lawsuit against Whole Foods Market Group Inc.
  • Why: Silberstein alleges that Whole Foods is deceiving consumers by hiding a bottle deposit fee on the Ronnybrook Farm Dairy products it sells.
  • Where: The class action lawsuit will be filed in federal court in New York.

A new class action lawsuit accuses the company of deceiving and misleading consumers by hiding the true prices of the products it sells.

In his class action lawsuit, plaintiff Yaacov Silberstein alleges that Whole Foods displays retail prices “prominently” on its price tags but conceals additional “deposit fees.”

“Despite the importance of the deposit to consumers, its entire presentation is designed and has the effect of hiding it from consumers,” Whole Foods’ class action lawsuit states.

The class action lawsuit specifically targets Ronnybrook Farm Dairy dairy products sold by Whole Foods. Silberstein accuses the products of containing “deposit fees” that make their price higher than the advertised price.

Silberstein seeks to represent a group of New York City consumers who purchased a Ronnybrook product at Whole Foods and were charged a bottle deposit fee between May 4, 2021, and today.

Sensible consumers do not expect an additional “deposit fee,” class action lawsuits say

Silberstein argues that neither he nor any other reasonable consumer would suspect that he would be charged an additional two dollars for each Ronnybrook product purchased at Whole Foods.

“Mr. Silberstein relied on the prices displayed on these consumer-directed labels when he decided to purchase the Ronnybrook products at Whole Foods,” Whole Foods’ class action lawsuit states.

Silberstein claims that Whole Foods violates two sections of the New York General Business LawHe is demanding a jury trial and is seeking injunctive relief and an award of actual, statutory and treble damages for himself and all class members.

A separate class action lawsuit was filed last year against Whole Foods over allegations that the grocer improperly managed his 401(k) retirement plan.

Have you ever been charged a hidden deposit fee on a product purchased at Whole Foods? Let us know in the comments.

The plaintiff is represented by Matthew Jacobs of The Jacobs Law Firm PC.

The Class action lawsuit against Whole Foods Is Silberstein et al. v. Whole Foods Market Group, Inc. et al.Case No. 2:24-cv-04229, in the United States District Court for the Eastern District of New York.



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