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Walmart Miscalculated Fresh Food “Sale” Prices Florida Class Action

Many food stores discount meat that is close to its expiration date. Walmart stores with food sections claim to do that, too—but the complaint for this class action alleges that they actually charge a higher price than they pretend to. The complaint claims that the company has violated Florida’s Deceptive and Unfair Trade Practices Act and unjustly enriched itself. 

The class for this action is all persons who bought weighted goods from Walmart in Florida, where those weighted goods’ unit sale price was not accurately reflected in the final sales price, between February 13, 2015 and the present.

All persons who purchased Weighted Goods from Walmart in Florida from February 13, 2015 to present, whose Weighted Goods’ unit sale price was not accurately reflected in the final sale price.

The case involves sales of “beef, pork, poultry, fish, and other types of packaged foods marked with unit pricing” that the complaint calls the weighted goods. That is, the items are priced per pound, per ounce, or the like, and then weighed, with the total price for the particular item being calculated as the unit price times the weight. 

However, the complaint claims that Walmart puts a lower unit price on items that are close to their sell-by dates, then uses a different, higher unit price to calculate the total price. 

For example, the complaint claims that on November 18, 2018, chicken tenders were selling for a unit price of $5.78 per pound. A 1.18-pound package of chicken tenders with a near sell-by date was marked down to a unit sale price of $3.77 per pound. This should have resulted in a total price of $4.45. However, the price printed on the package was $5.93. Walmart charged $5.93 at checkout, the complaint says, taking an extra $1.48 above what it should have.

Similarly, the complaint says that on the same day, Walmart was selling chicken wings that were priced at $3.87 per pound. A 1.36-pound package that was near its expiration date was marked down from that to a unit price of $1.67 per pound. This should have produced a total price of $2.27. Instead, the complaint says the price was $3.52, and that amount was charged at checkout. This means that Walmart took an extra $1.25—for which the consumer should have received 2.1 pounds of chicken wings.

The Federal Trade Commission (FTC) says that a retailer that makes price comparisons “should make certain that the bargain offer is genuine and truthful.” But the complaint says that Walmart’s customers are offered deceptive bargains that make them feel they are saving more money than they actually do.  

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Walmart Miscalculated Fresh Food “Sale” Prices Florida Complaint

February 13, 2019

Many food stores discount meat that is close to its expiration date. Walmart stores with food sections claim to do that, too—but the complaint for this class action alleges that they actually charge a higher price than they pretend to. The complaint claims that the company has violated Florida’s Deceptive and Unfair Trade Practices Act and unjustly enriched itself. 

walmart_false_sales_prices_compl.pdf

Case Event History

Walmart Miscalculated Fresh Food “Sale” Prices Florida Complaint

February 13, 2019

Many food stores discount meat that is close to its expiration date. Walmart stores with food sections claim to do that, too—but the complaint for this class action alleges that they actually charge a higher price than they pretend to. The complaint claims that the company has violated Florida’s Deceptive and Unfair Trade Practices Act and unjustly enriched itself. 

walmart_false_sales_prices_compl.pdf
Tags: Deceptive Advertising, Deceptive Labels, Deceptive Misrepresentation, False Unit Pricing