Whole Foods Class Action Says Shoppers Overcharged for Larabars

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Whole Foods was hit with allegations that it overcharges customers for Larabars, a type of health bar.

Plaintiff Thomas Alston alleges in his class action lawsuit that Whole Foods systematically deceives consumers by using fraudulent marketing tactics to glean extra cash from the sale of Larabars.

The plaintiff says that he and other shoppers bought the bars under the impression they were on sale; however, Whole Foods overcharged the plaintiff and others at the register.

According to the Whole Foods class action lawsuit, Larabars were put on sale for $1 each at the Whole Foods the plaintiff shops at in Washington, DC.

Alston says he noticed that he was actually charged $1.29 for the Larabars he purchased. The plaintiff argues that Whole Foods was looking to enrich itself by betting that consumers would not notice the extra $.29 they charged consumers for the health bars.

Alston alleges that he and other shoppers had no reason to mistrust Whole Foods when they decided to purchase Larabars. He says that he purchased items from Whole Foods in the past and was not overcharged.

“In most circumstances, a consumer can count on an advertised sale being honest and the advertised price being the price that they are charged,” the Whole Foods class action states.

According to the Whole Foods class action lawsuit, Whole Foods capitalized on consumer trust and did not charge the sale price at the register, but the full retail price. The plaintiff alleges that Whole Food figured that most consumers would not check their receipt and, for those that did, the grocer would just refund the $.29.

“It is uncommon for a super market, let alone a national super market as well known as Whole Foods, to employ such fraudulent and deceptive sales tactics,” contends the plaintiff in his Whole Foods lawsuit. Further, “[i]t is common for a consumer not to pay attention to exact amounts that they are being charged for their purchase.”

Alston says the he would not have purchased or would have purchased fewer Larabars from Whole Foods if he knew he would not be charged the sales price at the register.

The plaintiff seeks to represent consumers who purchased Larabars from Whole Foods within the past three years when the bars were listed on sale for $1. Alston alleges that Whole Food’s deceptive marketing constitutes common law fraud and violated Washington DC consumer protection laws.

He is seeking damages for the money he and other customers were overcharged, as well as for costs incurred traveling to Whole Foods, frustration, irritation, annoyance and anger.

The Whole Foods class action lawsuit was originally filed in the Superior Court for the District of Columbia, but the case was removed to the U.S. District Court for the District of Columbia on Dec. 4.

Alston is representing himself.

The Whole Foods Overcharge Class Action Lawsuit is Thomas Alston v. Whole Foods Market Group Inc., Case No. 1:17-cv-02580, in the U.S. District Court for the District of Columbia.