A day after New York City said Whole Foods was overcharging customers in what officials described as "the worst case of mislabeling" city investigators had seen in their careers, a Bronx man is suing the supermarket chain over its pricing. 
 
 Joseph Bassolino filed a lawsuit Thursday in state Supreme Court. He says he's seeking damages because he bought several mispriced packages of food at Whole Foods over the last three years. 
 
 Bassolino's lawsuit cites a report issued Wednesday by the city's Department of Consumer Affairs. It said Whole Foods had been routinely overstating the weight of prepackaged foods, resulting in overcharges. Whole Foods disputed that claim. It said Thursday it was unaware of the lawsuit. 
 
 In his complaint, Bassolino says he wants to make the lawsuit a class action. 
 
 He alleges deceptive practices, false advertising, unjust profits and breach of contract. 
 
 According to the city probe, the DCA tested 80 different pre-packaged products and found that all of them had mislabeled weights. On top of that, 89 percent of the packages tested didn't meet the federal standard for the maximum amount that an individual package can deviate from its actual weight, as set by the U.S. Department of Commerce. The overcharges ranged from $0.80 for a package of pecan panko to nearly $15 more for a package of coconut shrimp. 
 
 The findings point to a "systematic problem" with how the product packages at Whole Foods are weighed and labeled, the agency said. It said packages are routinely not weighed or are inaccurately weighed. Some items had all been labeled with the same weight, despite the fact that it would be practically impossible for the individual packages of the items to weigh the same amount. These products included nuts, berries, vegetables and seafood. In some cases, the labeling issue was found with the same exact products at multiple stores throughout New York City. 
 
 In one case, the DCA inspected eight packages of vegetable platters that were priced at $20 per package. They found that customers who purchased the platters were overcharged $2.50 on average. Whole Foods made a $20 profit on the eight packages, the DCA said. 
 
 In another case, the DCA inspected eight packages of chicken tenders, which were priced at $9.99 per pound. Consumers would have been overcharged $4.13 on average -- a profit of $33.04 for Whole Foods for those eight packages. One package was overpriced by $4.85, the DCA said. 
 
 A third inspection of four packages of berries, priced at $8.58 per package, found that customers would have been overcharged by $1.15 on average. That's a $4.60 profit for the four packages. One package was overpriced by $1.84, the DCA said. 
 
 “It is unacceptable that New Yorkers shopping for a summer BBQ or who grab something to eat from the self-service aisles at New York City’s Whole Foods stores have a good chance of being overcharged,” Menin said. "As a large chain grocery store, Whole Foods has the money and resources to ensure greater accuracy and to correct what appears to be a widespread problem." 
 
 In a statement to NBC New York in response to the city's findings, Whole Foods spokesman Michael Sinatra said, "We disagree with the DCA's overreaching allegations." 
 
 He said Whole Foods cooperated fully with the department until it made "grossly excessive monetary demands" to settle the dispute. 
 
 "Despite our requests to the DCA, they have not provided evidence to back up their demands nor have they requested any additional information from us, but instead have taken this to the media to coerce us," Sinatra said. "Our customers are our number one stakeholder and we highly value their trust in us." 
 
 Sinatra said it has always been Whole Foods' policy to fully refund any items found to have been incorrectly weighed or priced, and that the company "has never intentionally used deceptive practices to incorrectly charge customers." 
 
 The fine for falsely labeling a package is as much as $950 for the first violation and up to $1,700 for a subsequent violation, according to the DCA. The potential number of violations that Whole Foods faces for all pre-packaged goods in the city is in the thousands. 
 
 There are nine Whole Foods stores in New York City and the company reportedly plans to open a new location in Harlem. It also recently announced plans to open a lower-priced chain of stores called 365 by Whole Foods Market, which it says will offer "a simple way to shop for healthy, high-quality food at great prices." 
 
 Copyright Associated Press / NBC New York ||||| Rip-off on aisle four. 
 
 The city has launched a probe of Whole Foods Markets after investigators nabbed the upscale food purveyor for routinely overcharging customers on groceries during dozens of inspections dating back to at least 2010, the Daily News has learned. 
 
 The most recent spate of violations came during a sting operation the Department of Consumer Affairs conducted in the fall that specifically checked the accuracy of the weight marked on pre-packaged products. 
 
 Inspectors weighed 80 different types of items at Whole Foods’ eight locations in the city that were open at the time. They found every label was inaccurate, with many overcharging consumers, agency spokeswoman Abby Lootens told The News. 
 
 Whole Foods spokesman Michael Sinatra said the Texas-based chain "never intentionally used deceptive practices to incorrectly charge customers." 
 
 Sinatra said Whole Foods disagrees with the city's findings and is "vigorously defending" itself against the allegations. Sinatra also noted that the store always refunds any items found to have been incorrectly priced. 
 
 Daily News reporter Reuven Blau shops at Whole Foods on Greenwich St. in Tribeca to determine the accuracy of weighted items on Tuesday. (Susan Watts/New York Daily News) 
 
 Whole Foods, according to the city, wasn’t the only bad apple. The sweep included 120 grocery stores citywide, and 77% were hit with one or more violations. 
 
 But the notoriously pricy chain was the most egregious offender — leading DCA to open a full-blown investigation of its pricing practices last year, said Commissioner Julie Menin. 
 
 "Our inspectors told me it was the worst case of overcharges that they've ever seen," Menin said. 
 
 The overcharges ranged from 80 cents for a package of pecan panko to $14.84 for a container of coconut shrimp, Lootens said. 
 
 Overall, the city's Whole Foods stores have received more than 800 violations during 107 separate inspections since 2010, totaling more than $58,000 in fines, a Daily News analysis of data obtained via a Freedom of Information Law request shows. 
 
 Mini roast beef sandwiches were all priced at $3.49 for 3 ounces, despite their varying weights, from 4.5 to 5.1 ounces. (Susan Watts/New York Daily News) 
 
 Menin says the findings were particularly shocking because the chain has been fined for the same violations several times. 
 
 The Columbus Circle location has the dubious distinction of being hit with the most pricing violations in the entire city — 240 during 28 inspections dating back to 2010 — The News found. The violations range from failing to display prices to overcharging at the scanner and adding tax to items that are not taxable under state law. 
 
 A source familiar with the investigation said a Whole Foods store employee told a DCA inspector that the mislabeled prices were ordered by corporate honchos. 
 
 The New York City probe comes after Whole Foods agreed last summer to pay $800,000 to settle a California investigation that found similar problems. 
 
 In New York, some of the most common violations were for pre-packaged items that all had identical weights and prices, such as vegetable platters, chicken tenders and berries. 
 
 The Daily News picked up organic chicken breasts while shopping at Whole Foods in Tribeca. (Susan Watts/New York Daily News) Breaded chicken breasts were all priced at $5.99 for 7 ounces, even though the actual weights ranged from 6 to 9.2 ounces. (Susan Watts/New York Daily News) The Daily News purchased granola at Whole Foods in Tribeca. (Susan Watts/New York Daily News) 
 
 But not all of the inaccurate weights led to cost overcharges, a News review found. 
 
 The News picked up $100 worth of groceries at the Tribeca store on Tuesday and found that some identically-priced items actually led to consumer discounts. 
 
 Mini roast beef sandwiches were all priced at $3.49 for 3 ounces, despite their varying weights, from 4.5 to 5.1 ounces. Similarly, breaded chicken breasts were all priced at $5.99 for 7 ounces, even though the actual weights ranged from 6 to 9.2 ounces. 
 
 "Because of the volume of product that gets produced unintentional mistakes are made," said Jay Peltz, general counsel and vice president of government relations for the Food Industry Alliance of New York, which represents major food retailers and wholesalers in the city. 
 
 "If a product is delivered to a store pre-packed and pre-sealed and pre-labeled the retailer does not have control over the packaging and weighting. It's not the retailer — it's the manufacturer that packed the product," he added. 
 
 Daily News reporter Reuven Blau examines a pack of organic chicken breasts. (Susan Watts/New York Daily News) 
 
 While labeling errors afflicted all of the city's major grocery store chains, Whole Foods' pricing problems stood out as particularly systemic, a News analysis found. 
 
 Eight of the city's nine Whole Foods were among the 24 supermarkets that have been hit with five or more charges for inaccurate labels since 2014, according to The News analysis. The Upper East Side location, which just opened in February, has not been nabbed breaking any rules. 
 
 The Union Square location was hit with the most counts of mislabeled packages out of any supermarket in the city since 2014 — with 15 during two inspections. The Tribeca location came in second with 14 charges and the Brooklyn location third with 13 charges, both during two separate inspections. 
 
 The Garden of Eden on 14th St. was fourth with 11 charges and a Whole Foods in Chelsea was fifth with eight. 
 
 John Coskun, the manager at the Garden of Eden, said their problem was outside vendors who mislabeled the weight on items. 
 
 "You can see some prices are really high and wonder why. I always assumed it was because they were selling something really healthy or organic," said analyst Marlena Sebunia, 29, as she exited the Whole Foods store in Tribeca. 
 
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– A blistering report alleging overpricing at Whole Foods in New York City has brought the chain more than just bad publicity—now it's facing a lawsuit from an angry customer. Joseph Bassolino filed his suit today in state Supreme Court, one day after city investigators accused Whole Foods of systematically overstating the weights of packaged goods and thus overcharging, reports NBC New York. A quote from the city's Department of Consumer Affairs provides a taste: "The overcharges ranged from [80 cents] for a package of pecan panko to $14.84 for a package of coconut shrimp," says a statement. "Our inspectors tell me this is the worst case of mislabeling they have seen in their careers," adds DCA Commissioner Julie Menin. Whole Foods denies the allegations, which resulted from an undercover operation in the fall in which investigators weighed more than 80 types of products throughout the chain's eight locations in the city, reports the Daily News. Whole Foods "never intentionally used deceptive practices to incorrectly charge customers," says a spokesperson. Still, a city investigation is underway, and Bassolino hopes to turn his lawsuit into a class-action one so others can join.