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Plaintiff accuses Frozen Yogurt Store Owner Manitou Inc. of Deceptive Pricing Practices

NORTHERN CALIFORNIA RECORD

Sunday, April 27, 2025

Plaintiff accuses Frozen Yogurt Store Owner Manitou Inc. of Deceptive Pricing Practices

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Superior Court of California - County of San Francisco | Official website

A San Francisco frozen yogurt store is under fire for allegedly deceiving customers with hidden fees. On April 16, 2025, Alexander Xue filed a complaint in the Superior Court of California, County of San Francisco, against Manitou Inc., the owner of "Easy Breezy Frozen Yogurt."

The lawsuit stems from an incident on April 15, 2025, when Xue visited the store located at 4028 24th St, San Francisco. Upon entering, he observed signage indicating that the price for frozen yogurt was $1.01 per ounce. However, after making his purchase and reviewing his receipt, Xue discovered an additional charge labeled as "SF Health Care Security Ordinance surcharge," amounting to $0.41 or 4.72% of his pre-tax subtotal of $8.69. This unexpected fee raised the effective price per ounce to $1.06.

Xue's complaint alleges that Manitou Inc.'s practice constitutes a violation of several California laws including Business and Professions Code §§ 17200 et seq., which prohibits unlawful business practices; §§ 17500 et seq., concerning false advertising; and Civil Code §§ 1750 et seq., known as the Consumer Legal Remedies Act (CLRA). According to Xue, Manitou Inc.'s failure to disclose this mandatory surcharge on their price displays violates these statutes by misleading consumers about the true cost of their purchases.

The complaint further argues that while some exceptions exist for restaurants under these laws—allowing certain fees if clearly displayed—Manitou Inc.'s failure to adequately inform customers about the surcharge disqualifies them from such exemptions. The lawsuit accuses Manitou Inc. of engaging in deceptive practices by not selling products at advertised prices and inducing purchases through misleading pricing information.

In seeking redress from the court, Xue demands injunctive relief to prevent Manitou Inc. from continuing these practices without proper disclosure to customers. He also requests refunds for all affected customers who were charged undisclosed fees and seeks compensation for legal costs incurred during this suit.

Representing himself pro se in this case is plaintiff Alexander Xue. The case has been assigned Case ID CGC-25-624464 in front of the Superior Court of California, County of San Francisco.

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