Was the packaging weight not deducted from the price of the product? File a class action lawsuit

Charge for packaging weight

When you buy food products sold by weight, you probably don't notice that the business sometimes charges you for the weight of the packaging as well. This is not a one-time mistake by one business or another. View the class action lawsuit register It will be revealed that many class action lawsuits have been filed regarding packaging weights against the largest chains in the country, bakeries, butchers, etc. Despite this, more and more cases are being discovered in which businesses, large and small, continue to charge customers for packaging weight.

This is an unacceptable phenomenon that could lead to significant financial compensation in a class action lawsuit.

Would you like Attorney Eddie Blitstein to represent you in a class action lawsuit regarding packaging weight? Contact our office.

Charging for package weight is not always negligible

Some of you probably think to yourself that the charge for the packaging weight is insignificant and that there is not always a need to bother and comment to the seller about reducing the packaging weight before calculating the correct amount to charge. This is a mistaken line of thinking.

The price of the package is a derivative of the weight of the package, the weight of the product actually purchased, and the price of the product purchased by the customer. The larger the package and the customer purchases a product of higher weight and at a more expensive price, This will increase the cost of packaging.

באמצעות הדוגמה הבאה תבינו עד כמה סוגיית משקל האריזה עולה לכם ביוקר. נניח שמדובר באריזה במשקל 90 גרם ומוצר שנרכש במחיר 100 ש"ח לקילו. אם בחנות הניחו את האריזה ואת המוצר שבחרתם על המשקל, והמשקל הראה קילו אחד, יתכן שבפועל אתם מקבלים מוצר במשקל 910 גרם בלבד (כי האריזה עצמה שוקלת 90 גרם). In this case, you pay 9 shekels for the packaging itself..

Some of you probably buy more than one product that is sold by weight and comes with packaging, at the butcher shop or at food chains or bakeries, so it's likely that on an average purchase you pay more than ten shekels just for the packaging itself. Multiply this amount by the number of monthly or annual purchases and you'll find that you're paying hundreds of shekels each month or year for the weight of the packaging, And all without you knowing about it or without you agreeing to it. For this reason, you may receive a refund and financial compensation as part of a class action lawsuit.

Guidelines from the Consumer Protection Commissioner regarding charging for packaging weight

Guidelines from the Consumer Protection Commissioner regarding charging for packaging weight Published on December 25, 2012 (more than a decade ago), and yet businesses continue to fail to implement these instructions (many of them have never even heard of or are familiar with these instructions):

Anyone interested can download the Consumer Protection Commissioner's guidelines regarding packaging weight in PDF file.

These guidelines state a few simple things:

1. בית עסק שרוצה לחייב את לקוחותיו בגין אריזת מוצרים צריך ליידע את הלקוחות מהו משקל האריזה לפני ביצוע הרכישה. מחיר אריזת המוצרים צריך להיות "רגיל" (לדוגמה: שני שקלים) ולא אחוז מסויים ממשקל המוצר.
2. The price of the product packaging should be visible on the packaging itself, and if the packaging is behind a counter, also through a sign detailing the price of the packaging.
3. בעת שקילת המוצר יש להפחית את משקל האריזה (במשקלים החדשים ניתן לתכנת מראש את משקל כל אחת מהאריזות בהן בית העסק עושה שימוש, ובעת ביצוע השקילה בפועל ללחוץ על הכפתור הייעודי כדי להפחית את משקל האריזה הרלוונטית). לעיתים בתי העסק משתמשים במונח הפחתת "טרה".
4. The packaging price must also be detailed on the receipt given to the customer.

Violation of these provisions will be considered a violation of both Section 2 and Section 17B of the Consumer Protection Law.

Filing a class action lawsuit for billing for product packaging

In order to submit Request for approval of a class action lawsuit When it comes to charging for product packaging, you first need to understand who you want to sue. Is it a single store or a chain with multiple branches?

Class action lawsuit against one store

Assuming you want to apply for approval Class action lawsuit Against one store, as our firm did in the past in a class action lawsuit against the Zoglowek Factory Store (in which the class members received significant cumulative compensation), it must be shown that that store uses many different packaging, and does not reduce the weight of the packaging of many products.

In the case of a single store, it is critical to sample as many products as possible to show that damage has been caused to a larger number of customers (if it is only a single product, the number of customers is likely to be much smaller and it may not even be economically viable to file an application for class action approval in this case).

It is also important to sample the store at different times in order to show that this is not a mistake by one or another representative who accidentally reduced the weight of the packaging (the claim of a specific mistake is a common defense in class action proceedings), but rather a permanent and ongoing policy of the store when selling its products to its customers.

Class action lawsuit against a chain with many branches

Everything written about the tests relevant to a single store is also relevant to a chain with many branches, but in the case of a chain, the test must be done for all branches or at least for a large number of branches.

If you decide to file a motion to approve a class action lawsuit against a chain based on an inspection of one branch, it is very likely that the court will not allow a class action lawsuit against the entire chain, but only against the branch that was actually inspected.

Attorney Eddie Blitstein Represents plaintiffs and defendants in class actions, including issues related to failure to reduce packaging weight.

In conclusion

A business that does not take care to reduce the packaging weight of the products it sells in bulk and by weight risks having a request filed against it to approve a class action lawsuit on this issue. Receiving such a request does not necessarily mean that the business will have to return millions of shekels to the public, but it does mean that the business will have to hire the services of Class Action Lawyer Experienced in this field to represent him in court and minimize the possible damages to the business or even lead to the rejection of the approval request.

Instead of taking the risk, the business can simply reduce the weight of the packaging and act in accordance with the guidelines set forth by the Commissioner of Consumer Protection. The business may lose money on the packaging but will not be exposed to a class action lawsuit being filed against it.

Another option; the business can place several signs in the store (it is important to have at least one sign in the checkout area) that will make it clear to customers that packaging involves a fee (if there is more than one package, the cost for each package should be detailed).

In addition, the business must ensure that the receipt the customer receives includes a breakdown of the packages, and how much each package cost. Businesses are reluctant to do this because they fear that customers will not view the charge for the packages favorably, but businesses must realize that even if their competitors are not acting lawfully, they do not have the option of acting unlawfully and charging customers for the weight of the packages, without informing the customers in advance, otherwise the path to a class action lawsuit is very short.

Businesses that fear a negative reaction from customers can offer customers to collect the products in bags and thus pay less for the packaging (since a bag weighs less than the packaging, the customer will pay a lower amount for it).

Frequently Asked Questions Regarding a Class Action Claim Regarding Packaging Weight