WHITE PLAINS, N.Y. (Legal Newsline) — A New York man claims Whole Foods charges sales tax on food items that are exempt according to state law.
Barry Willman, individually and on behalf of all others similarly situated, filed a complaint June 13 in the U.S. District Court for the Southern District of New York against Whole Foods Market Group Inc.
According to his complaint, Willman purchased "green beans with capers and olives" from Whole Foods on Columbus Avenue in New York in October of 2021, for $17.80. He claims Whole Foods placed an 8.875% sales tax on the product, which was sold from the cold case, packaged by the pound and sold at the store's deli counter.
Willman alleges that according to New York tax law, the green bean food product is not taxable and meets the criteria for tax-exempt food items. He further alleges that Whole Foods knows or should know that it is improperly charging sales tax and that New York's Department of Consumer Affairs has charged Whole Foods with several state tax law violations in the past.
Willman and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Max Roberts, Matthew Girardi and Julian Diamon of Bursor & Fisher PA in New York City and L. Timothy Fisher of Bursor & Fisher PA in Walnut Creek, California.
U.S. District Court for the Southern District of New York case number 1:23-CV-04980-KPF