A San Francisco resident has taken legal action against a well-known chocolate company, alleging deceptive business practices. On November 5, 2024, Alexander Xue filed a complaint in the Superior Court of California, County of San Francisco, against Ghirardelli Chocolate Company. The complaint accuses the company of secretly adding an undisclosed fee to customer bills, which Xue claims is illegal and misleading.
The lawsuit stems from an incident on November 4, 2024, when Xue visited the Ghirardelli Chocolate store located at 801 Beach Street in San Francisco. According to the complaint, Xue purchased two chocolate-dipped strawberries advertised at $4.95 each. However, upon receiving his receipt, he discovered an additional "SF Health" fee of $0.40 had been added to his purchase without prior disclosure or consent. This surcharge effectively increased the price of each strawberry by $0.20.
Xue's complaint argues that this practice violates several California laws designed to protect consumers from unfair business practices and false advertising. Specifically, it cites violations of the Unfair Competition Law (California Business and Professions Code §§17200 et seq.), False Advertising Law (California Business and Professions Code §§17500 et seq.), and the Consumer Legal Remedies Act (California Civil Code §§1750 et seq.). The complaint alleges that Ghirardelli's failure to disclose this mandatory surcharge constitutes "unlawful, unfair, or fraudulent business acts or practices," as well as false advertising intended to mislead customers about the true cost of their purchases.
The plaintiff contends that such practices harm both consumers and competitors by creating a false impression of lower prices. The complaint further asserts that Ghirardelli is not entitled to any statutory exemptions for food concessionaires because it failed to clearly display all fees associated with its products as required by law.
In seeking relief from the court, Xue demands actual damages according to proof, punitive damages for the deceptive practices employed by Ghirardelli Chocolate Company, and injunctive relief mandating compliance with consumer protection laws if they continue charging such fees. Additionally, he requests an order requiring Ghirardelli to refund all customers who paid these hidden fees without proper advertisement before billing.
The case is being handled pro se by Alexander Xue himself without representation from a law firm or attorney. It is filed under Case ID CGC-24-619537 in front of the Superior Court of California in San Francisco County.