Whole Foods class action alleges retailer hides fees in small font

Whole Foods fees class action lawsuit overview: 

• Who: Plaintiff Yaacov Silberstein filed a class action lawsuit against Whole Foods Market Group Inc.
• Why: Silberstein claims Whole Foods deceives consumers by hiding a bottle deposit fee charge on Ronnybrook Farm Dairy products it sells. 
• Where: The class action lawsuit is filed in New York federal court. 

A new class action lawsuit alleges that Whole Foods deceives and misleads consumers by hiding the true price of the products it sells. 

Plaintiff Yaacov Silberstein’s class action lawsuit claims Whole Foods “prominently” displays retail prices on its price labels while concealing additional “deposit” fees. 

“Despite the significance of the Deposit Fee to consumers, everything about its presentation is designed to, and has the effect of, concealing it from consumers,” the Whole Foods class action claims. 

The class action specifically singles out Ronnybrook Farm Dairy products sold by Whole Foods, items Silberstein argues contain “deposit” fees that make their price higher than what is displayed. 

Silberstein wants to represent a class of New York consumers who purchased a Ronnybrook product from Whole Foods and was charged a bottle deposit fee between May 4, 2021, through the present. 

Reasonable consumers don’t expect additional ‘deposit’ fee, class action claims

Silberstein argues that neither he nor any other reasonable consumer would suspect that they would be charged an additional $2 for each Ronnybrook product purchased from Whole Foods. 

“Mr. Silberstein relied on these prices displayed on these consumer-facing labels when he chose to buy the Ronnybrook products from Whole Foods,” the Whole Foods class action says. 

Silberstein claims Whole Foods is violating two sections of New York General Business Law. He demands a jury trial and requests injunctive relief along with an award of actual, statutory and treble damages for himself and all class members. 

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

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

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

The Whole Foods fees class action lawsuit is Silberstein, et al. v. Whole Foods Market Group, Inc, et al., Case No. 2:24-cv-04229, in the U.S. District Court for the Eastern District of New York. 

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