Christina Spicer  |  December 6, 2017

Category: Consumer News

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Whole Food Market exterior sign.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.

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21 thoughts onWhole Foods Class Action Says Shoppers Overcharged for Larabars

  1. ScotDec says:

    Whole Foods over charges, period, on sale items. Deli that is regularly 12.99 a pound is on sale for 9.99 a pound BUT the code is not changed to reflect the sale price. Just today I was charged for two items when I only purchased one. You must check your receipt at Whole Foods everytime!

  2. chseter wells says:

    i always buy larabar SKUs.

  3. Priscilla Laff says:

    I always buy Larabars at Whole Food. Our favorite.

  4. Dorothy J Foley says:

    please add me

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  5. Christy Rooker says:

    Please add me

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  6. Brian Blalock says:

    Pleaseadd me

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  7. Art says:

    Wake up people. Lawsuits like this over 29 cents, demanding damages for being “annoyed”, enrich class-action lawyers and drive up prices — and not just at Whole Foods.

    There’s an important place for class action suits. Federal lawsuits for overpaying 29 cents because of human error just detracts from cases where class action is an important tool for actually important problems.

    And you’re doubly paying by driving up the deficit and debt to pay the huge costs incurred by government in trying, or even listening to, these frivolous and greedy class-action lawsuits.

  8. Betti Gladue says:

    I frequently purchase Larabars at Whole Foods. I never checked my receipt to see if I was overcharged or not.

  9. Eve Isaacks says:

    I shop at whole foods nearly every day and frequently purchase Larabar SKUs. Additionally, I have noticed on several occasions that I have been pvercharged for my purchases at Whole foods but iys always been a significant hassle to get this issue corrected and it does seem very intentional by the company. Now that I am aware of their obvious deceit, I will no longer shop at this chain……but I would like to be included in updates abouy this lawsuit.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  10. White Picket Fence says:

    Not surprised. You need “hot mitts” to shop at Whole Foods, regardless of what you buy there. Prices are $2.00 or more for the same exact product down the street at other grocery stores.

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