Whole Foods customers who feel they have been overcharged for prepackaged foods may get the chance to lighten the upscale grocery chain’s wallet for a change.
The U.S. Court of Appeals for the Second Circuit on Friday revived a class action suit by a customer who says he was overcharged on purchases of prepackaged cheese and cupcakes from two Whole Foods stores in New York City, reversing Southern District Judge Paul Engelmayer’s ruling last year that he lacked Article III standing.
Plaintiff Sean John, who says he routinely shopped at two Whole Foods stores in Manhattan, filed suit just after the New York City Department of Consumer Affairs announced in 2015 that an investigation uncovered pervasive overcharging of Whole Foods’ prepackaged products.