Safeway Select Olive Oil ‘Imported From Italy’ Class Action Settlement

Purchasers of Safeway Select olive oils labeled as “extra virgin” or “imported from Italy” may qualify for benefits under a false advertising class action settlement.

Plaintiff Rohini Kumar filed this Safeway olive oil class action lawsuit in May 2014. She claims defendant Safeway Inc. has been misrepresenting the contents and origin of several varieties of Safeway Select olive oil.

According to Kumar, Safeway Select olive oils are mislabeled as being “extra virgin” and “imported from Italy.” She claims most of the oil in these products is produced in countries other than Italy, extracted from olives grown in those countries and not in Italy.

The “extra virgin” representation was allegedly false because Safeway’s bottling and handling of the oil does not adequately ensure that it will continue to meet the “extra virgin” standard through the date of retail sale or the “best by” date printed on the products’ labels.

The Safeway Select olive oils at issue are those labeled as pure, extra virgin, and extra light in flavor.

In May 2016, Kumar won Class certification for two Classes of persons who purchased the Safeway Select olive oil at issue.

Judge Winifred Y. Smith rejected Safeway’s arguments that Kumar had no standing to bring her claim since she couldn’t remember if she bought an olive oil that was labeled “imported from Italy,” and that Kumar had failed to present adequate evidence of a common understanding among consumers about what constitutes extra virgin olive oil.

Safeway maintains there is nothing wrong with the labeling of its olive oil. The company admits no liability by agreeing to settle this Safeway olive oil class action lawsuit.

The settlement requires Safeway to distribute vouchers and cash payments to qualifying Class Members who submit valid and timely claims. Claims will be limited to five per household, unless the claimants can provide the requested documentation of qualifying purchases.

As part of the settlement, Safeway has agreed not to label olive oil “imported from Italy” unless it is made from 100 percent Italian olives. For all other products, phrases on the label like “imported from Italy,” “made in Italy,” “product of Italy” or similar will be replaced by the word “imported” for at least three years.

The defendant will bottle Safeway Select Extra Virgin Olive Oil in green or brown glass containers and will use a “best by” or “use by” date that is not later than 18 months after the date the product is bottled.

Class Members can exclude themselves from the settlement or object to its terms by filing a written request no later than Feb. 16, 2018.

UPDATE: On Aug. 24, 2018, Top Class Actions viewers started receiving checks in the mail from the Safeway olive oil class action settlement worth as much as $2.50. Congratulations to everyone who filed a claim and got PAID!

Who’s Eligible

There are two settlement Classes:

• The Extra Virgin Olive Oil Settlement Class covers all persons who between May 23, 2010 and Dec. 16, 2016 purchased a Safeway Select Extra Virgin Olive Oil product from a Safeway store in the United States.
• The Pure or Extra Light Olive Oil Settlement Class covers all persons who between Jan. 1, 2012 and July 31, 2015 purchased a Safeway Select Pure Olive Oil or Safeway Select Extra Light in Flavor Olive Oil product from a Safeway store in the United States.

Potential Award

Varies.

Settlement benefits vary depending on the type of Safeway Select Olive Oil purchased and on the date of purchase.

Class Members can receive either a $1.50 voucher or $0.50 cash for each purchase of Safeway Select Pure or Extra Light in Flavor Olive Oil made between Jan. 1, 2012 and July 31, 2015, and for each purchase of Safeway Select Extra Virgin Olive Oil made between May 23, 2010 and July 31, 2015.

Each purchase of Safeway Select Extra Virgin Olive Oil made between Aug. 1, 2015 and Dec. 16, 2016 may qualify for either a $0.75 voucher or $0.25 cash.

These amounts may be reduced if a large number of claims without proof of purchase is received.

Proof of Purchase

Settlement benefits are limited to five product purchases per household, unless the claimant provides the following:

• a Safeway Club Card number used to make qualifying purchases during the applicable time periods; or
• itemized Safeway store receipts showing the date and place of purchase, the name and quantity of products purchased, and the amount paid during the applicable time periods.

Claims will be paid even without proof of purchase, but only up to a total of $2.50 in Cash or $7.50 in Safeway Vouchers per household or business, according to the Oder Granting Preliminary Approval.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

2/16/2018

Case Name

Kumar v. Safeway Inc., Case No. RG 14726707, in the Superior Court of the State of California, County of Alameda

Final Hearing

3/16/2018

Settlement Website

www.SafewayOliveOilSettlement.com

Claims Administrator

Safeway Settlement Claim Administrator
c/o Kurtzman Carson Consultants
P.O. Box 404041
Louisville, KY 40233-4041
1-866-650-3844

Class Counsel

Adam J. Gutride
Seth A. Safier
Kristen G. Simplicio
GUTRIDE SAFIER LLP

Hassan A. Zavareei
TYCKO & ZAVAREEI LLP

Defense Counsel

NORTON ROSE FULBRIGHT