Class Action Lawsuit Alleges Auntie Anne’s NYC Food Trucks Unlawfully Fail to Display Prices

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GoTo Foods and Auntie Anne's Franchisor SPV face a proposed class action lawsuit that alleges Auntie Anne’s has failed to conspicuously display the price of food and beverages sold in its New York City-based food trucks, in violation of the city’s Truth-in-Pricing Law.  

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The 19-page lawsuit claims that while Auntie Anne’s food trucks, which were recently deployed by the brand throughout New York City, display images and descriptions of the chain’s pretzels, dips, lemonades and other items, the trucks unlawfully do not display information about the price, arguably the “single most important” aspect of a retail transaction.

According to the filing, Auntie Anne’s failure to display prices for menu items runs afoul of New York City’s Truth-in-Pricing Law, which requires every retailer to inform consumers of an item’s price before purchase by way of a stamp, tag, label or sign. The case says that the law applies to the sale of any consumer product—except for drugs, medicines and cosmetics—sold at retail, including prepared food and beverages.

The complaint says that because Auntie Anne’s food trucks have “consistently omitted” requisite pricing information, consumers have no way to learn how much items cost, short of asking an employee or placing an order.

The case calls Auntie Anne’s apparent failure to display prices more than a “mere technicality,” as conspicuously displayed prices allow consumers to comparison shop and force sellers to offer competitive prices.

Indeed, New York courts have “squarely” held that offering items for sale without a clearly displayed price constitutes a deceptive trade practice, and the Truth-in-Pricing Law was enacted “precisely” to prevent this conduct, per the filing.   

“When prices are concealed until the point of sale, that competitive discipline disappears: the seller, and only the seller, knows the price, and the consumers cannot make an informed decision,” the complaint says.

The lawsuit adds that economic literature confirms that price-concealment techniques result in consumers paying more for the same goods than they would if prices were “transparently” communicated.

The Auntie Anne’s class action lawsuit looks to cover all individuals who purchased one or more items from an Auntie Anne’s food truck in New York City during the applicable statute of limitations period.

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