Whole Foods, Plaintiff Dismiss Price Disclosure Class Action Lawsuit

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Whole Foods Market, along with a New Jersey shopper, have agreed to dismiss a putative class action lawsuit that claimed the natural grocery store chain did not inform customers of food prices before the point of sale.

According to court documents filed today, plaintiff Nancy Burgos’ claims were dismissed with prejudice and both parties agreed to pay for their individual legal fees associated with the Whole Foods class action lawsuit.

In addition, Burgos allegations brought on behalf of a proposed class were also dismissed. However, the stipulation for dismissal left the opportunity open for another Whole Foods shopper to bring a lawsuit.

The Whole Foods pricing class action lawsuit was filed by Burgos last September after she claimed to have noticed a pattern of the natural food store hiding the cost of items in violation of New Jersey law.

According to Burgos, the New Jersey Consumer Fraud Act prohibits “any person to sell, attempt to sell or offer for sale any merchandise at retail unless the total selling price of such merchandise is plainly marked by a stamp, tag, label or sign either affixed to the merchandiser located at the point where the merchandise is offered for sale.”

The Whole Foods class action states that behind this law contains the reasoning that customers “have a right to know the price of all items they wish to purchase before taking them off the shelves.”

Burgos said she bought three items at a Whole Foods Market located in New Jersey without knowing their prices beforehand. Included in her purchase were: Crunchy Kale Cocoa Chips, Oxo Pizza Wheel, and Natural Chewing Gum. The total for the items was $16.98 and Burgos alleged that she would not have bought the items had she known the prices ahead of time. 

Whole Foods attempted to have the class action thrown out last November claiming that Burgos did not suffer real injury by the lack of pricing. Whole Foods also argued that the plaintiff did not clarify why she didn’t just leave the items at the register once she found out the prices instead of paying for them despite objecting to the cost. 

Burgos was hoping to represent New Jersey residents who purchased “any item” at a Whole Foods Market within the state that did not have a price tag either on the item or at the place where the item was offered for sale from December 2014 to the present day.

Whole Foods further argued that by including “any item” that did not have a price tag, the class action lawsuit could have implicated thousands of food items.

Burgos is represented by David J. DiSabato of DiSabato & Bouckenooghe LLC.

The Whole Foods Price Disclosure Class Action Lawsuit is Burgos v. Whole Foods Market Group Inc., Case No. 2:15-cv-07357, in the U.S. District Court for the District of New Jersey.