M&S, in conjunction with the Center for Science in the Public Interest and others, filed a class action lawsuit against Safeway for its failure to notify Club Card holders about a recall of dangerous or unsafe products. The store collects phone numbers and other contact information for every customer who use its Safeway Club Card, but fails to contact customers to inform them of product recalls, as other stores do. We believe that Safeway tracks all purchases and should use this information to inform customers of recalls and to refund customers the cost of the dangerous or unsafe food or product.
Plaintiffs filed their complaint in February 2011. On April 7, 2014, the District Court denied Safeway’s motion for summary judgment, roundly rejecting their argument that they do not owe a duty to their customers to notify them that they have purchased a dangerous, or life-threatening product. The meaning of this ruling is that the store ultimately could be held to an obligation to provide electronic notification to its customers through the contact information in its databases.
Please contact us if you purchased products at Safeway that were subsequently recalled.