Safeway class action alleges retailer advertises fake wine discounts

Safeway wine discounts class action lawsuit overview: 

• Who: Plaintiffs Michael Tempest, LaDiamond Harvey, Sarah McGregor Horner and Brionna Brouhard filed a class action lawsuit against Safeway Inc. 
• Why: The plaintiffs claim Safeway uses false reference prices to induce its Safeway Rewards members into purchasing “falsely discounted wine.” 
• Where: The class action lawsuit was filed in California federal court. 

Safeway offers its rewards members wine discounts that are based on reference prices the wines are never actually sold at, a new class action lawsuit alleges. 

A group of consumers claim Safeway uses the so-called false reference prices to “induce” its rewards members into purchasing “falsely discounted wine.” 

“Since Safeway’s wines are never sold to Safeway Rewards members at the reference prices, the wines are not actually discounted for Safeway Rewards members, and members are not saving money by buying the falsely discounted wine,” the Safeway class action says. 

The consumers want to represent a nationwide class and California and Oregon subclasses of members of Safeway’s rewards program and who purchased from a Safeway store wine that was advertised at a members-only price. 

Consumers falsely believe Safeway offering ‘bona fide’ discounts on wine, class action claims

The group argues “reasonable consumers” believe the supermarket chain is offering rewards members “bona fide discounts” off of true higher former prices that they would have to pay at the end of the “sale.” 

Instead, the consumers claim Safeway simply renews the promotion once it ends, keeping the Safeway Rewards member price “at the purported ‘discount’ price.” 

“Safeway’s reference prices have never been prevailing market retail prices for Safeway Rewards members who purchase wine from Safeway,” the Safeway class action says. 

The group claims Safeway is guilty of fraud, breach of contract and quasi contract and unjust enrichment, and violating California’s False Advertising Law, Unfair Competition Law and Consumer Legal Remedies Act, and Oregon’s Unlawful Trade Practices Act. 

The plaintiffs demand a jury trial and request injunctive relief and an award of actual, statutory, treble and punitive damages for themselves and all class members. 

Safeway and Albertsons previously agreed to pay $107 million to put an end to claims they advertised certain meat products with deceptive “buy one get one” sales. 

Have you purchased wine from Safeway that was advertised at a members-only price? Let us know in the comments.

The plaintiffs are represented by Annick M. Persinger, Katherine M. Aizpuru and Allison W. Parr of Tycko & Zavareei LLP and Yeremey O. Krivoshey and Joel D. Smith of Smith Krivoshey, PC. 

The Safeway wine discounts class action lawsuit is Tempest, et al. v. Safeway Inc., Case No. 4:24-cv-06553, in the U.S. District Court for the Northern District of California.

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