Canadians who have bought meat at Loblaw stores, Walmart or Sobeys could be a part of a new proposed class-action lawsuit.
It was filed in British Columbia on January 9 and claims the major grocers “misrepresented” the weight of its meat products by including the weight of packaging in the calculated price.
The lawsuit says this is “contrary to federal regulations and guidelines” because the weight of a product’s packaging shouldn’t be included in the net weight of the product, which the price tag is based on.
The lead plaintiff is a woman from B.C. who has spent hundreds or thousands of dollars on meat products from the grocery giants per year. She estimates that the packaging of meat products has made up 5 to 10 per cent of the price at times.
“The result is that the plaintiff, and many other Canadians, have been regularly overpaying for meat products,” reads the statement of claim from law firm Mussio Goodman.
Who’s included in this proposed class action?
The plaintiff has brought the class-action lawsuit on behalf of anyone in Canada who purchased and overpaid for meat products from Loblaws, Walmart or Sobeys because they allegedly misrepresented the weight of the items.
On behalf of the class members, the plaintiff is seeking an order for monetary compensation in damages that came about when shoppers paid more money to grocers than they should have.
“There’s definitely going to be some arithmetic down the road, but you can think of these damages as the difference between the lower price that ought to have been paid and the price that actually was paid,” associate counsel Caleb Perry said over email.
The lawsuit also seeks punitive damages for the grocers’ allegedly “discretely overcharging” of customers when inflation and soaring food prices are at the top of Canadians’ minds.
The class action still needs to be certified by a judge, and none of the claims have been proven in court. Walmart, Loblaw and Sobeys have been contacted for comment.
Perry says that if the class action is certified, the plaintiff would be able to act on behalf of class members, which could lead to a settlement.
“Through this certification process a logistical plan is going to be created that will allow the consumers to reach out to claim what they may be entitled to,” he explained.
The lawsuit was filed shortly after a CBC investigation exposed the alleged practices.
In a statement to Global News, Loblaw confirmed the discrepancies revealed by the investigation and apologized for what it said were issues with “a small number of meat products sold in select stores in Western Canada.”
