MANHATTAN (CN) – Inaccurate labeling on Costco’s cocktail shrimp trays forces customers to pay for a few ounces of shrimp they never receive, which adds up to tens of millions of dollars a year in extra profit for Costco, a class action claims in Federal Court. The plaintiffs’ attorneys say they weighed the shrimp trays at Costcos across the country, but none weighed in at one pound, as advertised.
“Instead, the weight of the shrimp included in the shrimp trays purchased and examined by Plaintiff’s counsel over the course of their pre-filing investigation is always less than one pound,” the lawsuit claims, “and most frequently has been between two (or more) to three (or more) ounces short of a pound, or in other words, short-weighted from at least 12.5% to 18.75% (or more) of the promised and described ‘NET WT 16 oz. (1.00 lb.).'”
The plaintiffs say this $0.625 overcharge per ounce costs Costco customers between $13.32 million and $39.97 million each year.
They seek an injunction barring Costco from selling the shrimp trays unless the trays are accurately labeled. They also request compensatory damages and disgorgement and/or restitution.
Filing counsel is William Weinstein with Sanford Wittels & Heisler LLP.