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Duane Reade Overcharging Customers for Weighed Foods: Class Action Lawsuit
A class action lawsuit was filed on behalf of the New York customers of Duane Reade that purchased packaged, weighed, food products, including sandwiches, salads, wraps and yogurt.
The complaint alleges that Duane Reade systematically overcharged its customers for pre-packaged food by charging customers a price based upon an inflated weight. The complaint cites twenty-two (22) different food products that are overpriced, including Duane Reade’s:
- California Style Salad with Grilled Chicken and Avocado Dressing
- Blueberry Yogurt with Granola
- Tuna Salad on Wheat Bread
- Traditional Roast Turkey Club Sandwich
- Vanilla Yogurt with Fresh Fruit
The complaint set forth an example of Duane Reade’s scheme, citing the purchase price and weight of its Gluten-Free Turkey Mustard Sandwich. The weight listed on the package of the sandwich is 6.5 ounces. The weight listed on the price tag, located on the refrigerated case that stores the sandwich, is 9 ounces. The price tag also indicates the sandwich costs $6.99 or 77.7 cents per ounce. The receipt indicates the Plaintiff was charged $6.99, overpaying $1.94 (27.8%). Customers that purchase the Gluten-Free Turkey Mustard Sandwich are paying for 9 ounces but are receiving only 6.5 ounces.
An exhibit attached to the complaint lists the names of the products that are allegedly being overcharged. The overpayment amounts range from 33.33% (Reduced Fat Cranberry Tuna on Multigrain Bread) to 1.67% (Monster Sub 10 inch Turkey, Ham & Roast Beef sandwich.)
The complaint was filed against Walgreen Co. which purchased Duane Reade and its 258 retail stores, in 2010. The lawsuit seeks damages to compensate customers for the excess money they paid Duane Reade as a result of being overcharged.
Requests for information should be made to attorney Brittany Weiner, a partner of the law firm Imbesi Law P.C. Duane Reade customers can obtain information about the class action lawsuit at http://www.duanereadeclassaction.com.
Brittany Weiner, Esq.
Imbesi Law P.C.
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