Amazon Defeats Bid to Revive Whole Foods Delivery Charge Suit

Aug. 8, 2025, 7:12 PM UTC

A federal appeals court on Friday affirmed the dismissal of a proposed consumer class action that said Amazon.com Inc. misled Prime users about the price of grocery deliveries.

The US Court of Appeals for the Ninth Circuit said in an unpublished opinion that the lower court correctly determined the consumer couldn’t show that Amazon breached its Prime membership agreement.

  • Named plaintiff Dena Griffith said Amazon breached the agreement by discontinuing free delivery on Whole Foods grocery orders
  • But the agreement’s terms and conditions section expressly authorized Amazon to add or remove membership benefits at its discretion
  • “Because the contract in ...

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