A federal decision in Manhattan threw out a lawsuit accusing Whole Foods of overcharging for prepackaged cheeses and cupcakes, announcing a New York City investigation accusing the grocery store of overstating food weight isn’t sufficient evidence the plaintiff has been ripped off. The proposed magnificence-movement lawsuit was filed with the aid of Sean John, who stated he offered prepackaged cupcakes and cheese with mislabeled weights at the grocer’s Bowery and Chelsea stores in Manhattan in 2014 and 2015. Mr. John filed his lawsuit a month after New York City’s Department of Consumer Affairs stated Whole Foods shops had overcharged for products inclusive of meat, dairy, and baked items.
In his ruling, U.S. District Judge Paul Engelmayer stated Mr. John had based his claims entirely on the research.
“John did now not declare ever to have weighed any cupcake or cheese that he had bought, to have direct evidence of any kind that any product he had sold had been brief-weight, or maybe to have retained information of his purchases,” Judge Engelmayer wrote.
A spokeswoman for Whole Foods, a unit of Amazon.Com Inc., and a lawyer for Mr. John didn’t respond to requests for comment. Whole Foods and the branch agreed about six months after the city research. The store agreed to $500,000 and behavior audits of at least 50 merchandise to ensure they have been accurately weighed and categorized.
Whole Foods didn’t admit wrongdoing.
In 2016, the U.S. District Court threw out Mr. John’s health; in the following 12 months, a federal appeals court reversed that choice. The panel said the district court docket should permit for collection of proof.
In his ruling, Judge Engelmayer discussed Mr. John’s purchases—vegan and chocolate cupcakes; cheddar, Parmesan, goat, mozzarella, brie, blue, and truffle cheeses—and the Department of Consumer Affairs’ method.
The decision wrote that the investigators didn’t discover short-weighted chocolate cupcakes or cheeses at the Bowery or Chelsea stores where Mr. John shopped. The choice stated that six of 7 kinds of cheese located to be quick-weighted at other shops, including Gouda Parrano and Swiss Raclette, weren’t on Mr. John’s buying list.
“The salient point is that this: The proof from DCA falls some distance from assisting an inference that any of John’s purchases have been brief-weight and overpriced,” Judge Engelmayer wrote.
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