Marie Napoli Quoted in Law360 about Overcharge Class Suit

Partner Marie Napoli was recently quoted in the Law360 article, “Walgreen, Duane Reade Hit With Food Overcharge Class Suit” by Y. Peter Kang. The suits says that Duane Reade has been systematically overcharging customers in a range of 40 cents to $1.94 per package sold.

The department stated that it found 89 percent of the foods tested were missing more product than is permitted under federal rules, which Whole Foods could be on the hook for up to $1,700 for each of thousands of possible violations under state and city laws.

Plaintiffs allege that they had been overcharged with a cost based upon a inflated weight for meals and prepackaged food, similar to claims New York City made against Whole Foods Market Inc. In June.

For instance, the complaint states a turkey sandwich offered by Duane Reade has a shelf price tag of $6.99 and lists the weight as 9 ounce with a cost-per-ounce cost of 78 cents, whereas the true weight recorded on the package is 6.5 ounce. Clients therefore should have been billed $5.05, that’s the true weight multiplied by the cost-per-ounce cost, according to the complaint.

The DCA’s evaluation of this upscale grocer’s New York City places had discovered that they “routinely” priced food packed in its store locations over what the products were advertised to price by weight. The town agency alleged that edibles influenced to fruit, meat and vegetables from nuts and baked goods.

Earlier this month, Whole Foods’ co-CEOs responded to customers and stated the pricing problems primarily involved a small percentage of sales where the price of sandwiches, juices, fruits and other goods being inflated because of “misweighing mistakes,” but denied that the overcharging was deliberate.

Plaintiffs’ attorney Marie Napoli told Law360 on Wednesday that big chains such as Duane Reade seem to forget that the customer comes first.

Instead, rampant overcharging and cheating of customers seems to have become the norm,” she said. “We are hoping this lawsuit puts the honesty back into a trip to the store.

-Marie Napoli

These chains claim to be the best value for the customer, when it appears that they have the capability of being an even better value, and most importantly, being open honest and fair with their pricing.

A representative for Duane Reade did not immediately respond to a request for comment Wednesday.

The plaintiffs are represented by Marie Napoli of Napoli Law PLLC and Brittany Weiner and Steven Fingerhut of Imbesi Law PC.

The complete article can be found here.