The Weight of Whole Foods Products

November 2017: Plaintiffs filed an amended complaint similarly alleging that Whole Foods overstates the weight of products and, as a result, overcharges customers.

June 2017: The Second Circuit Court of Appeals, which found that plaintiffs had adequately alleged an injury, vacated the district court’s judgment and remanded the case for further proceedings.

March 2016: After this lawsuit was consolidated with John v. Whole Foods in October 2015, a federal judge dismissed the combined case finding, among other things, that plaintiffs did not adequately allege that they sustained any injury. The lawsuit was dismissed with prejudice.

In late March, a Notice of Appeal regarding the decision to dismiss the case was filed. (District Court: In re Whole Foods Market Group, Inc. Overcharging Litigation, Case No. 15-cv-5838, S. D. NY.; Appellate Court: Case No. 16-986, 2nd Cir.)

July 2015: A class-action lawsuit alleging, among other things, that Whole Foods mislabeled the weight of pre-packaged food products – including meats, dairy, and baked goods – was transferred to federal court. The complaint, which was originally filed in state court in June 2015, claims that the store listed a weight that was heavier than the actual weight of the product sold. (Bassolino et al v. Whole Foods Market Group, Inc., Case No. 15-cv-6046, S. D. NY.)

For more information about other class-action lawsuits filed against Whole Foods and’s coverage of the company, click here.


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When a complaint is dismissed with prejudice, it cannot be refiled.


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