Walmart to fork out up to $45m after settling food overcharging lawsuit (2024)

Walmart has settled a class-action lawsuit that accused the US retail giant of overcharging for certain food items.

Without accepting liability, Walmart has agreed to put aside $45m to resolve the legal action.

The case, Kukorinis v Walmart Inc. was initially filed in 2022 and then later amended. The lawsuit alleged Walmart falsely inflated the weight of certain grocery items, mislabelled the weight of bagged produce and overcharged for sold-by-weight clearance products, thereby forcing customers to pay more for them than their lowest advertised price.

The plaintiff alleged Walmart’s point-of-sale machines would artificially raise the weight of the weighted goods when marked at a discounted “Rollback” price, causing the total price to be more than the advertised discount.

Walmart was also accused of advertising and promoting bagged produce weights that were greater than the actual weight of the product, meaning customers paid more per ounce, according to specialist website Top Class Actions.

The retailer has consistently denied the allegations.

Just Food asked Walmart for its comment on reaching the settlement. In a statement it said: “We will continue providing our customers everyday low prices to help them save money on the products they want and need. We still deny the allegations, however we believe a settlement is in the best interest of both parties.”

A settlement notice from the US District for the Middle District of Florida, seen by Just Food, said eligible customers have until 5 June to submit a claim online or by mail with individual claims capped at $500.

Eligible customers are those who purchased certain “weighted goods” – including meat, poultry, pork and seafood products – and bagged citrus in person at Walmart locations across the US and Puerto Rico between 19 October 2018 and 19 January 2024.

The Florida court is scheduled to hold a final settlement approval hearing on the morning of 12 June.