Mehri & Skalet, in conjunction with the Center for Science in the Public Interest and others, has filed a class action lawsuit against Safeway for its failure to notify Club Card holders about recalls of dangerous or unsafe products. Safeway collects phone numbers and other contact information for every customer who uses 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 refund to 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 Safeway 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.
Media Coverage of the Safeway Lawsuit
Kurt Orzeck, Safeway Can’t Dodge Product Recall Warning Class Action, Law 360, April 7, 2014
Dan Flynn, Judge: Lawsuit by Safeway Customers Seeking Recall Notification Can Proceed, Food Safety News, April 10, 2014
Stacy Finz, Safeway Lawsuit Over Product Recalls. San Francisco Chronicle, February 3, 2011
Sarah Skidmore, Consumers Ask Safeway to Use Card Data in Recalls. Associated Press, February 2, 2011
2 Safeway Customers Sue Over Recalled Food CBS San Francisco, February 2, 2011