I stayed at a fancy hotel where there was a tray of candy and junk food. I looked at the price list and decided I did not want to pay $4.00 for a bag of peanuts, But I picked several items, looked at label and put them back.
I also opened the fridge and took out a bottle of wine $16 and shots of Jack Daniels and Vodka.

Just before I checked out I read that guests would be charged for any items that were removed so asked the clerk to remove all charges which they did.

Could a lawyer mount a class action suit against hotels who had charged guests for food items they picked up and not consumed.

The hotel never explained to me how the food system worked.

There are sensors on all the items such that if you move them even a few feet, it registers as a sale.  I've had this happen several times before and while I did complain and got the charges dropped, I have to think that many don't notice or don't bother to complain and the hotel racks up a big profit that way.

So, the rule is, don't even touch an item unless you plan to use it.

Whether some kind of class action suit could be mounted is another thing.  Finding all the people who have been hoodwinked and then convincing a judge that there is skullduggery going on is a pretty tall order.

(still not a lawyer)

because they cost too much to maintain.  Yes, I've heard of people being charged for things that were not used.  I arrive prepared so no need to even consider their over-priced ****.   The last places I stayed did not have such items in room...  just vending down the hall.  That was fine with me.

Was they they had condoms in the mini bar, right then and there, i knew I was going to have a great time.

...someone to clear it out as I won't be needing any of those items and I don't want to be held reponsible for any miscounting of the items. If the mini bar is locked I decline the key that's provided. It's not hard to go out and purchase any comfort items you need from a nearby convenience store for 1/3 of the price the hotel's charge. I never heard of the sensing devices. It's definitely an unsavory practice and I think there should be a sign in plain bold print in the hotel room warning you about this.

I don't know how they work but have heard of people picking up an item, looking at it, deciding no & getting charged.  I'm seeing lobby or hallway vending which I like much better.

It's such a terrible practice.  I'd be more willing to pay for a $2.00 can of soda when drunk and a $3.00 bag of small M&Ms when drunk and be fine with it.  However, $12 for candy? $8 for small soda? Thats more than you pay if you get snacks at the movies.

Haven't seen a room mini-bar in several years.

Some chains like Hilton flat out do not have a minibar. More and more hotel chains are starting to phase out mini-bars because the amount of the man hours put in (paying the mini-bar attendant, time for front desk having to remove disputed charges, etc) is not a great return on investment.