By Nicole Boutros and Andrew Appleby

A federal court dismissed a class action lawsuit against Whole Foods, finding the consumers lacked standing because they could not demonstrate they purchased any of the mislabeled foods for which they claimed Whole Foods systemically overcharged. The consumers alleged that Whole Foods engaged in deceptive trade practices and had been unjustly enriched because it overcharged customers by mislabeling the weight of products and that Whole Foods added tax to non-taxable items. This court’s swift dismissal of this lawsuit stands in stark contrast to many battles taxpayers have faced in convincing other courts to dismiss class action and False Claims Act lawsuits throughout the United States. In re Whole Foods Market Group, Inc. Overcharging Litigation, No. 15 Civ. 5838 (PAE) (S.D.N.Y. Mar. 1, 2016).