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NORTHERN CALIFORNIA RECORD

Wednesday, November 6, 2024

Plaintiff accuses airport market operator Tastes on the Fly Inc. of deceptive pricing practices

State Court
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In a striking legal confrontation, a consumer has taken action against a prominent airport market for allegedly engaging in deceptive pricing practices. Alexander Xue filed a complaint on October 22, 2024, in the Superior Court of California, County of San Francisco, accusing Tastes on the Fly, Inc., which operates Napa Farms Market at San Francisco International Airport, of violating multiple consumer protection laws.

The lawsuit revolves around allegations that Tastes on the Fly, Inc. employs bait-and-switch tactics by advertising lower prices and subsequently charging higher amounts through undisclosed fees. According to Xue's complaint, this practice is prohibited under California law but has persisted at the defendant's establishment. On September 13, 2024, Xue purchased a bottle of water advertised at $4.95 but was charged an additional "SFO Employee Benefits" fee of 5%, which increased the total cost to $5.20 without prior disclosure or consent. This fee was not clearly displayed as required by law, leading Xue to claim that such actions are misleading and constitute unfair competition and false advertising.

Xue argues that these hidden charges violate several statutes including the Unfair Competition Law (California Business and Professions Code §§17200 et seq.), False Advertising Law (California Business and Professions Code §§17500 et seq.), and Consumer Legal Remedies Act (California Civil Code §§1750 et seq.). The plaintiff contends that these laws mandate full disclosure of all mandatory fees associated with products or services offered for sale. By failing to meet these legal requirements, Tastes on the Fly is accused of deceiving consumers into believing they are paying less than they actually are.

The complaint seeks various forms of relief from the court. Xue demands actual damages for financial harm suffered due to these alleged unlawful practices and punitive damages aimed at deterring future misconduct by the defendants. Additionally, he requests injunctive relief to prevent further violations of consumer protection laws by mandating compliance with statutory provisions regarding fee disclosures. The suit also calls for forfeiture of any illicit gains obtained through these deceptive practices.

Representing himself pro se in this matter is Alexander Xue. The case has been assigned Case ID CGC-24-619151 in the Superior Court of California, County of San Francisco.

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