John v. Whole Foods Market Group, No. 16-986 (2d Cir. 2017)Annotate this Case
Plaintiff filed a putative class action alleging that grocery stores in New York operated by Whole Foods systematically overstated the weights of pre‐packaged food products and overcharged customers as a result. The district court dismissed the complaint based on plaintiff's lack of Article III standing. The Second Circuit vacated and remanded, holding that the district court did not draw all reasonable inferences in plaintiff's favor. In this case, plaintiff plausibly alleged a nontrivial economic injury sufficient to support standing. According to the DCA's investigation, Whole Foods packages of cheese and cupcakes were systematically and routinely mislabeled and overpriced, and plaintiff regularly purchased Whole Foods packages of cheese and cupcakes throughout the relevant period. Therefore, the complaint satisfied the low threshold required to plead injury in fact.