DCA TAKES SUPERMARKET GIANT GRISTEDES
TO TASK -
SUES FOR FAILURE TO PAY FINES AND REPEAT VIOLATIONS
FOR IMMEDIATE RELEASE
September 9, 2004
Owes More Than $50,000 to City for Repeat
Short Weight, Improper Pricing, & Other Violations
The New York City Department of Consumer
Affairs (DCA) today announced it has filed suit against
Namdor, Inc. for failing to pay more than $50,000 in fines
owed to the City for repeat violations. Namdor owns and
operates 45 New York City-based grocery retail stores including
Gristedes, and former Red Apple and Sloans. The DCA
cited Namdor with a combined total of 335 notices over the
past three years for repeatedly failing to adhere to City
and State consumer protection, weights and measures, item
pricing, and perishable foods laws. Of the approximately
200 unresolved violations, 120 notices are for overcharging
customers and short-weighting their purchases
or not having a scale available, nearly 70 are mostly for
failing to post prices properly or post restrictions on
advertised items, and eight for not posting the expiration
date on perishable items.
The DCA has made every effort to work
with Namdor to resolve repeat violations, said DCA
Commissioner Gretchen Dykstra. DCA protects consumers
in the marketplace, including the neighborhood grocery store.
Our inspectors are out everyday doing routine checks so
consumers dont have to worry that scales are not calibrated,
packages are short-weighted, items arent priced correctly,
or sales tax is not improperly charged. Gristedes
knows the rules and must follow them like everyone else.
Since January 2001, the DCA has cited Namdor,
Inc. with multiple violations for:
- Short-weighting products - charging for
more than you get.
- Charging consumers for deli or product container tare
- the extra packaging weight.
- Failing to properly post required prices on items.
- Failing to disclose limitations on advertised items.
- Failing to post expiration date on products.
- Failing to have customer scales available, as required.
- Failing to pay scale inspection fees that allow testing
of devices to ensure proper calibration.
- Imposing tax on non-taxable items.
In addition, Namdor will no longer benefit
from the DCAs Consolidated Payment Program (CPP),
a program designed to streamline the inspection and collection
process for large companies operating multiple stores in
the City. CPP allows the DCA to report all violations to
a business corporate headquarters in addition to individual
stores, making it easier for companies to identify and resolve
recidivist problems, as well as ensure efficient record-keeping.
Currently there are 23 local businesses participating in
The DCA conducts routine inspections in all
five boroughs, where enforcement works closely with City
agencies and community groups to coordinate efforts and
respond to complaints quickly. DCA inspectors are cross-trained
in a number of areas including routine testing of scales,
consumer protection violations, license checks, and more.
Last year, the DCA conducted more than 40,000 total inspections
citywide, including approximately 12,000 scale inspections.
DCA enforces the Consumer Protection Law,
as well as other related City and State laws, at thousands
of businesses throughout New York City. DCA licenses more
than 60,000 businesses in 55 different categories and educates
both consumers and businesses alike through free publications,
Speakers Bureau, and other informational materials.
To file a complaint, or for copies of DCAs
free consumer and business education guides, call 311 or
visit DCA online at www.nyc.gov/consumers