Washington Consumers Cheated by Safeway ‘BOGO’ Deals, Class Action Claims

New to ClassAction.org? Read our Newswire Disclaimer

A proposed class action lawsuit claims supermarket chain Safeway and parent company Albertson’s deceptively inflate the regular retail prices of certain products offered for sale as part of “Buy One, Get One Free” (BOGO) promotions.

Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.

The 12-page lawsuit says that although Safeway and Albertson’s promise that consumers who buy a BOGO item will receive a free product with the purchase of a regular-priced product, the grocers routinely increase BOGO items’ regular retail prices, causing Washington consumers to pay significantly more for the first product in order to cover the cost of the “free” second one.

Buy-one-get-one sales, which are available to customers with Safeway Club Cards, are promoted on point-of-sale advertisements and appear on the labels of products included in the deal, the suit shares. When it comes to BOGO deals, reasonable consumers believe that they are paying “nothing more than the regular price” for the first product in order to get the second one at no additional cost, the lawsuit summarizes.

To illustrate the alleged deception, the case claims that a box of frozen shrimp was sold in Washington Safeway stores for $7.49 on one day but was listed for $10.99 the very next day when it was included in a BOGO sale. In another example, pork loin rib chops—which regularly retail at $2.99 at Safeway, the suit says—were listed in a BOGO promotion for $6.49, the complaint relays. Therefore, Club Card holders who purchase this product overpay by $3.50, the filing contends.

The plaintiff, a Washington retiree and routine customer, made a BOGO purchase of boneless, skinless chicken breasts from a Safeway store in March of this year, the suit says. Though the woman bought the product that day for a price of $5.99 per pound, the same item was listed for $5.49 per pound the day before it was included in the BOGO deal—a price which the item later returned to after the promotion ended, the case explains. Further, the complaint claims that later that month, the same product was listed at Safeway for $2.99 per pound.

The lawsuit looks to represent anyone who, since April 7, 2019, bought products sold as part of a “Buy One, Get One Free” or “Buy One, Get Two Free” promotion at a Safeway store in Washington using a Safeway Club Card.

Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.