When is an 18-inch pizza clearly smaller than it’s supposed to be? When it’s regularly packed in a 16-inch box, says this class action. It brings suit against Whole Foods Market, Inc., alleging that it advertises 18-inch pizzas in a number of ways but in certain stores actually gives customers pizzas that are two inches smaller in diameter.
The class for this action is all persons in the US and its territories who bought the product from Whole Foods Market.
Pizza is a popular food in the US, the complaint claims, with more than three billion consumed there each year.
Whole Foods sells pizzas only in the purported 18-inch size. The complaint alleges that it advertises “18” Hot Pizza(s),” “18” hand-stretched pizzas,” or “18” Whole Pies.” The complaint includes two images to show that the 18-inch claim is made both on the website and on signage in the stores.
But at certain locations, the complaint claims, the pizzas are not 18 inches in diameter, but only 16 inches. The complaint alleges, “The difference is not the result of normal variation in handmade food—the Product is sold in 16-inch by 16-inch boxes…”
The difference is significant, the complaint alleges: “Plaintiff and Class members paid for approximately 254.47 square inches of pizza, but received only approximately 201.06 square inches of pizza. Plaintiff and Class members received over 50 square inches of pizza, or nearly 20 percent, less than what they paid for.”
According to the complaint, the pizza is “New York style,” which means it has a thin crust. This also means that it could not possibly contain the same amount of ingredients as a full 18-inch pizza, the complaint contends: “If the Product contained the same amount of sauce, cheese, or other toppings as an 18-inch pizza, the Product’s crust would become soggy, fall apart, become structurally unsound, or be unable to support the weight of the cheese, sauce, or toppings while being eaten. … Similarly, if the Product contained the same amount of dough as would an 18-ince pizza, the Product would not be thin, ‘New York Style’ pizza…”
Whole Foods must be aware of the discrepancy between the size of the pizzas it promises and the size of the pizzas it sells in some locations, the complaint claims, because it has to order pizza boxes in specific sizes, and an 18-inch pizza will not fit into a 16-inch box. Therefore, the complaint claims, “Whole Foods knew or should have known that the 18” claims are false, misleading, and likely to deceive a reasonable customer.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Whole Foods Purportedly 18” Pizzas Fit in 16” Boxes Complaint
December 16, 2022
When is an 18-inch pizza clearly smaller than it’s supposed to be? When it’s regularly packed in a 16-inch box, says this class action. It brings suit against Whole Foods Market, Inc., alleging that it advertises 18-inch pizzas in a number of ways but in certain stores actually gives customers pizzas that are two inches smaller in diameter.
Whole Foods Purportedly 18” Pizzas Fit in 16” Boxes ComplaintCase Event History
Whole Foods Purportedly 18” Pizzas Fit in 16” Boxes Complaint
December 16, 2022
When is an 18-inch pizza clearly smaller than it’s supposed to be? When it’s regularly packed in a 16-inch box, says this class action. It brings suit against Whole Foods Market, Inc., alleging that it advertises 18-inch pizzas in a number of ways but in certain stores actually gives customers pizzas that are two inches smaller in diameter.
Whole Foods Purportedly 18” Pizzas Fit in 16” Boxes Complaint