Walmart weighted groceries $45M class action settlement

A $45 million Walmart weighted groceries settlement has been reached in Kukorinis v. Walmart Inc., a class action lawsuit that claimed the retailer allowed customers to buy certain weighted groceries for more than the lowest in-store advertised price. 

The Walmart class action lawsuit settlement class is made up of anyone who purchased weighted goods and bagged citrus in person at a Walmart store between Oct.19, 2018, and Jan. 19, 2024. “Weighted goods” refers to variable-weight meat, poultry, pork and seafood products labeled with a price-embedded bar code and designated by Walmart as part of its Department 93 products, while “bagged citrus” refers to organic oranges, grapefruit, tangerines and navel oranges sold in bulk in mesh or plastic bags.

The plaintiff in Kukorinis v. Walmart Inc. claimed the retailer’s point-of-sale machines would artificially raise the weight of the weighted goods when marked at a discounted “Rollback” price, causing the total price to be more than the advertised discount. 

In addition, the superstore allegedly advertised and promoted bagged produce weights that exceeded the actual weight of the product, meaning customers paid more per ounce. Sold-by-weight products on clearance with a reduced-price sticker also had a discrepancy between the advertised per-pound price and the final customer-paid price.  

Walmart is an American retail chain that operates hypermarkets and grocery stores across the United States. As of January 2024, there were 4,622 Walmart stores in the U.S.

The company denies any accusations of wrongdoing but has agreed to the settlement to resolve the claims made in Kukorinis v. Walmart Inc.

Class members can receive a cash payment from the Walmart weighted groceries settlement.

Approved claimants who do not have a receipt or proof of purchase can attest to purchasing a certain amount of weighted goods or produce for a set amount of money. Claimants who attest to buying one to 50 products will receive $10; claimants who purchased 51 to 75 products will receive $15; those who purchased 76 up to 100 products will receive $20; and claimants who attest to purchasing 101 or more products will receive $25.

Approved claimants with receipts or proof of purchase are entitled to receive 2% of the total cost of the substantiated weighted goods and bagged citrus products purchased, up to a cap of $500. 

Claimants may be able to obtain copies of their receipts on Walmart’s website.

If the amount due to claimants exceeds the amount in the net settlement fund, each claimant’s payment will be decreased proportionately.

The deadline to opt out of or object to the Walmart class action lawsuit settlement is May 22, 2024.

A final approval hearing in the Walmart weighted groceries settlement will take place June 12, 2024.

Claim forms must be submitted by June 5, 2024.

Who’s Eligible

The settlement class is made up of anyone who purchased weighted goods and bagged citrus in person at a Walmart store between Oct.19, 2018, and Jan. 19, 2024. “Weighted goods” refers to variable-weight meat, poultry, pork and seafood products labeled with a price-embedded bar code and designated by Walmart as part of its Department 93 products, while “bagged citrus” refers to organic oranges, grapefruit, tangerines and navel oranges that were sold in bulk in mesh or plastic bags.

Potential Award

$500

Proof of Purchase

Approved claimants must provide a receipt or proof of purchase that shows each product they paid for during the class period and the price of each product. 

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

06/05/2024

Case Name

Kukorinis v. Walmart Inc., Case No. 8:22-cv-02402, in the U.S. District Court for the Middle District of Florida, Tampa Division

Final Hearing

06/12/2024

Settlement Website

WalmartWeightedGroceriesSettlement.com

Claims Administrator

c/o Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA19103
833-987-9998

Class Counsel

Kimberly M Donaldson-Smith
CHIMICLES SHWARTZ KRINER & DONALDSON-SMITH LLP

Defense Counsel

Naomi G Beer
GREENBERG TRAURIG LLP