New York City officials accused Whole Foods of overcharging customers in the “the worst case of mislabeling” investigators have seen, a man filed a lawsuit against the upscale food purveyor. He’s seeking damages because he claims he bought several mispriced packages at the stores over the last three years.

The Bronx man cites the report from the city’s Department of Consumer Affairs that said Whole Foods had a consistent bad habit of overstating the weight of prepackaged foods, resulting in overcharges. He wants to make his suit a class action, reports NBC New York.

In the lawsuit he alleges deceptive practices, false advertising, unjust profits and breach of contract.

The DCA cited overcharges in the report that ranged from $.80 too much for a package of pecan panko to an overcharge of $14.84 for a container of coconut shrimp.

“It is unacceptable that New Yorkers shopping for a summer BBQ or who grab something to eat from the self-service aisles at New York City’s Whole Foods stores have a good chance of being overcharged,” DCA Commissioner Julie Menin said. “As a large chain grocery store, Whole Foods has the money and resources to ensure greater accuracy and to correct what appears to be a widespread problem.”

Whole Foods said in a statement to NBC New York that it disagrees with the DCA’s “overreaching allegations.” A spokesman added that the chain cooperated fully with the agency until it made “grossly excessive monetary demands” to settle the dispute.

“Despite our requests to the DCA, they have not provided evidence to back up their demands nor have they requested any additional information from us, but instead have taken this to the media to coerce us,” the spokesman said. “Our customers are our number one stakeholder and we highly value their trust in us.”

Man Sues Supermarket Chain Over Mispricing Day After City Probe Finds Routine Overcharging [NBC New York]

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