A U.S. District Court judge in New York has dismissed a suit claiming Costco Wholesale routinely sells short-weighted shrimp.
In a class-action suit filed in March, Marc Verzani of Scarsdale, N.Y., alleged that the weight of the shrimp in Costco’s Shrimp Tray with Cocktail Sauce is frequently 3 or more ounces short of the advertised net weight of 16 ounces. Verzani also claimed that the Issaquah, Wash.-based retailer never individually weighs its shrimp trays.
But in a 31 July ruling, judge Colleen McMahon called the suit “simply ridiculous” because the weight “took into account both the shrimp and the sauce, never mind the lemon wedges and lettuce also included in the package.”
“A reasonable consumer would understand that purchasing a ready-to-serve, prepackaged convenience item is different than purchasing shrimp at a fish counter, cocktail sauce in a jar and a lemon at the produce department,” said McMahon.
Verzani claimed that Costco was overcharging its customers USD 0.63 (EUR 0.49) per ounce, or USD 1.25 (EUR 0.97) to USD 1.86 (EUR 1.45) per tray. The shrimp trays retail for USD 9.99 (EUR 7.75).
Verzani’s attorney told the New York Post that he will appeal the ruling.
