A Papa John’s customer has filed a putative class action against the pizza company in Illinois state court, alleging that the chain illegally charges sales tax on delivery fees, resulting in each delivery customer overpaying by $0.16. Zucker v. Papa John’s Int’l, Inc, No. 14-668 (Madison Cty. Ct., filed May 5, 2014). Zachary Tucker argues that Illinois sales tax may be imposed only on the total sales price of tangible property, excluding the delivery fee, so long as the actual cost of delivery is less than the amount of the delivery fee. As a result, the complaint alleges, Papa John’s has violated and continues to violate the Uniform Deceptive Trade Practices Act (UDTPA), an Illinois consumer protection statute. In addition to class certification, Tucker seeks a cease-and-desist ruling to prevent Papa John’s from continuing to charge sales tax on delivery fees in Illinois, as well as damages for negligence, breach of contract and UDTPA violations. See Madison-St. Clair Record, May 19, 2014.


Issue 524

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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