Woolworths ‘Price Drop’ Class Action
Robbie Leigh Whittome v Woolworths Group Ltd
In November 2024, Gerard Malouf and Partners commenced a class action in the Federal Court of Australia, in Victoria, against Woolworths Group Limited. This class action seeks compensation for loss on behalf of the lead applicant, Robbie Leigh Whittome, and group members against Woolworths in respect to illusory pricing practices that occurred between September 2021 and May 2023. Known as the Whittome Proceedings, the case centres on allegations that Woolworths misled consumers with supposed discounts on hundreds of commonly purchased products, potentially breaching the Australian Consumer Law by making false or misleading representations.
This class action builds on legal action initiated by the ACCC in September 2024, which alleges that Woolworths misled customers with misleading discount claims on hundreds of products. Unlike the ACCC’s case, which seeks penalties, this class action aims to obtain compensation for shoppers who were impacted.
Current status
On 23 September 2024, GMP Law launched an investigation into a potential class action against Woolworths Group Limited (and Coles).
As a result of its investigation, GMP filed a class action in the Victorian Registry of the Federal Court of Australia on 13 November 2025. The claim seeks financial redress for affected consumers who purchased products at Woolworths supermarkets (in-store or online) during the Relevant Period.
GMP Law Chairman, Gerard Malouf, states, “We estimate that the average Australian consumer could be eligible for a refund ranging between $200 and $1,300+, depending on their shopping habits and purchases at these retailers. We believe this class action is an essential move toward safeguarding consumer rights and demanding transparency in retail practices, Australia-wide.”
The class action is continuing to move through the Federal Court, with a number of important steps already taken:
- Woolworths filed its Defence on 4 April 2025, and GMP Law filed a Reply to the Defence on 16 May 2025
- The Court also ordered Woolworths to provide a Statement of Agreed Facts to GMP Law by 16 May 2025
- On 23 May 2025, the Federal Court made further orders to streamline the proceedings. It directed that a joint initial trial will take place to determine whether Woolworths engaged in misleading or deceptive conduct, or made false or misleading representations about product pricing, in breach of the Australian Consumer Law. This trial will focus on common issues of liability in both the Whittome and ACCC proceedings, using a representative sample of ‘Affected Products’
- On 18 and 19 June 2025, the parties filed an Agreed List of Sample Products and Agreed Common Questions to be considered at the initial trial on liability
- All parties are required to file and serve their evidence by 22 November 2025.
The next case management hearing is set for 9:30 am on 23 August 2025 in Melbourne.
Developments leading to the Class Action
On 27 September 2024, the ACCC released their Interim Report for the Supermarkets Inquiry.
It revealed:
- The Australian supermarket sector is dominated by an oligopoly
- Woolworths and Coles together control 67% of the national supermarket retail sales
- Grocery prices have risen significantly, with a typical basket of goods costing over 20% more than it did five years ago.
In February 2025, the ACCC released their final report for the Supermarkets Inquiry, recommending, amongst other measures, that supermarkets should be required to publish clear and accurate pricing information that is available conveniently to consumers.
About the class action
This class action involves serious allegations against Woolworths related to its pricing and promotions. Between September 2021 and May 2023, Woolworths is alleged to have temporarily raised the prices of 276 products, then promoted those products as being on ‘Prices Dropped’ specials, despite the promotional prices being the same as or higher than the original prices before the increase.
GMP Law claims this practice misled consumers by giving the false impression they were getting a genuine discount, when in fact they were not. This is alleged to be a breach of the Australian Consumer Law through false or misleading representations.
- Misleading and deceptive pricing practices: Woolworths is accused of using ‘Prices Dropped’ and similar labels in stores and online in a way that may have led consumers to believe the products were genuinely discounted. However, it is alleged that these promotions did not actually offer real discounts. This is known as the Prices Dropped Representation
- Breach of Australian Consumer Law: The class action alleges that Woolworths engaged in false or misleading representations in breach of the Australian Consumer Law
- Financial harm to consumers: Consumers relied on the Prices Dropped Representation in deciding to purchase products and may have experienced financial loss by paying inflated prices for products they believed were discounted when they were not
- Failure to provide genuine discounts: It is alleged that Woolworths did not provide genuine price reductions despite advertising products as being on special offer.
The issue
The class action focuses on Woolworths’ use of “Prices Dropped” and similar labelling, alleging that these promotional tactics may have misled consumers about the actual discounts offered.
Alleged affected products
The following products have been alleged to be affected, as detailed in the Concise Narrative Statement filed by the ACCC in Federal Court to initiate proceedings:
Product list
Arnott’s Tim Tams biscuits
Dolmio sauces
Doritos salsa
Energizer batteries
Friskies cat food
Kellogg’s cereal
President butter
Listerine mouthwash
Moccona coffee capsules
Mother energy drinks
Mt Chen’s noodles
Nicorette patches
Ocean blue smoked salmon
Oreo cookies
Palmolive dishwashing liquid
Raid insect spray
Sprite soft drink
Stayfree pads
Twisties
Uncle Toby’s muesli bars
Vicks VapoDrops
NB: This is not an exhaustive list, and additional products may be included as the investigation progresses.
Economic impact
Customers might have paid inflated prices for products they believed were discounted, potentially resulting in financial losses.
What’s next?
GMP Law is actively progressing the class action on behalf of affected consumers. This includes continuing to build the case, reviewing evidence, and advancing legal proceedings against Woolworths. GMP Law remains committed to holding Woolworths accountable for the alleged conduct and seeking compensation for those impacted.
GMP Law will update all registered group members on the progress of the Woolworths Price Dropped Class Action (Whittome proceedings).
Are you eligible for compensation?
You may be eligible to join the class action and claim compensation if:
- You shopped at Woolworths in Australia, in-store or online, between September 2021 and May 2023
- Purchased products marked as “Priced Dropped”.
To register your interest:
- Gather any evidence
- Register with GMP Law.
How are we collecting evidence to substantiate our Price Drop Class Action?
To substantiate our class action, we are gathering evidence in several key ways. The Australian Competition and Consumer Commission (ACCC) has alleged that Woolworths was involved with 266 products over a span of 20 months, and Coles with 245 products over 15 months.
Our investigation will focus on obtaining records from potential class members, including the date and time of purchases and the prices paid.
Helpful evidence to support your claim includes:
1. Rewards program data
Collecting data from Woolworths and/or Coles Rewards programs, which track:
- Time and date of purchases
- Pricing information
- Discounts applied.
2. Receipts
Gathering receipts for discounted products as proof of purchase.
3. Statutory declaration
If the matter is successful and people do not have their receipts but have been affected by the pricing and suffered loss, they will be able to make a claim via statutory declaration.
Risk-free participation
There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. You will not incur any legal fees unless we win your case. If successful, the court may order the defendant to cover your legal fees and out-of-pocket expenses.
If the claim is unsuccessful, you will not be personally liable for any costs.
Take action today to ensure your rights are represented and to pursue the compensation you deserve.
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