A proposed settlement in a class action lawsuit against Walmart for allegedly deceiving purchasers of weighed meat products in their advertising was reached. As a specific meat product closed in on their expiration dates, the lawsuit alleges that Walmart would place them on sale using a unit price. The class asserts that the unit price ultimately was not accurate at final checkout leaving customers to pay more per unit than the package advertised. These products included fish, poultry, pork, and beef. Some packaged foods were also included.

The settlement, worth up to $9.5 million, was submitted on August 7, 2020 in the Southern District of Florida for preliminary approval. If approved, Walmart will begin with reimbursements at $4.5 million and, if necessary, increase that amount up to $9.5 million. The settlement includes up to $10.00 for undocumented purchases of weighed meats and $40 for documented purchases of weighed meats. Documented weighed meats may include receipts or proof of purchase but does not need to include regular packaging. Attorneys fees and costs were also included. Attorneys calculated the average overcharge to purchasers nationwide was approximately $1.67 per purchase.

The class contains all persons who purchased weighed meats at Walmart in the United States from February 13, 2015 to the date the notice of settlement is issued.

The case is Kukorinis v. Walmart Inc., Case No. 1:19-cv-20592 in the U.S. District Court for the Southern District of Florida.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

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