Sale Prices of Walmart’s Weighted Foods

August 2020: A federal judge preliminarily approved a proposed settlement agreement that would provide class members who have proof of purchase showing the amount that they were overcharged with a full refund. Class members who do not have proof of purchase or whose proof of purchase does not show the amount they were overcharged may receive an average cash award of $1.67 for each purchase for a limited number of purchases. In addition, the company agreed to implement certain business practices and remedial measures for a period of three years. A final fairness hearing is scheduled for February 26, 2021.

February 2019: A false advertising class-action lawsuit was filed against Walmart for allegedly charging more than the advertised sale price for food that has a price based on its weight. Plaintiffs claim, for example, that Walmart reduced the price on a 1.36 pound package of chicken wings to $1.67 per pound, which would have made the total price for the package of chicken $2.27, but the store actually charged $3.52 for the package of wings, which was $1.25 more than the represented price. (Plaintiffs filed an amended complaint in April 2019.) (Kukorinis et al v. Walmart, Inc., Case No. 19-cv-20592, S.D. Fl.)

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