Safeway and Albertsons store

Safeway and Albertsons face a class action lawsuit over allegations that the retailers sold disposable plates which contained toxic chemicals.

Plaintiff Joseph DiGiacinto, a California resident, reportedly does his best to purchase compostable, recyclable or reusable items so that he can minimize his carbon footprint.

Between 2019 and 2020, DiGiacinto says he purchased disposable Safeway plates and bowls around 10 times based on representations that these products were compostable.

The “compostable” plates are allegedly sold with representations that they are certified by the “Biodegradable Products Institute.” With the increase in popularity of compostable and biodegradable products, private certification companies have arisen to standardize and give credence to these claims.



However, the plates in question are allegedly not certified by the Biodegradable Products Institute. In fact, the Safeway reusable plates and bowls allegedly contain PFAS chemicals – dangerous chemicals which do not break down over time – and are therefore not compostable at all.

According to the Environmental Working Group (EWG), per- and poly-fluoroalkyl substances or PFAS chemicals are a family of fluorinated chemicals which arose from the development of Teflon in 1946. These chemicals have non-stick, stain-repellent and waterproof properties which make them popular in commercial use and consumer products.

Unfortunately, these useful chemicals are incredibly persistent, earning them the title of “forever” chemicals due to their inability to break down in the environment. If PFAS chemicals contaminate water, soil or even the blood of consumers, they will never break down.

“Because PFAS do not break down, they accumulate in air, soil, water and in the human body,” the Safeway and Albertsons plates class action lawsuit notes.

“One report by the Centers for Disease Control and Prevention National Health and Nutrition Examination Survey found PFAS in the blood of 97 percent of Americans.”



Based on this fact, DiGiacinto argues that the Safeway plates – which allegedly contain PFAS chemicals – cannot be represented as compostable due to their inability to break down over time.

The Safeway and Albertsons class action lawsuit claims that DiGiacinto and other consumers were deceived by representations that the products were compostable, leading them to pay a higher price for the products.

“Many consumers concerned with the environmental problems associated with the proliferation of trash and waste actively seek to purchase products that are compostable so such products can be introduced into the soil rather than landfills,” the Safeway and Albertsons plates class action lawsuit notes.

“These consumers are willing to pay more for such products, which often cost significantly more than non-compostable alternative products. Indeed, the Products cost significantly more than non-compostable disposable plates and bowls.”

Based on this overpayment for the products, DiGiacinto and other Safeway and Albertsons consumers were allegedly financially injured by the companies’ practices. If they had been aware that the products were not compostable, they would not have purchased the products or would have paid significantly less for them, DiGiacinto argues.



“Had Plaintiff known that the Products contained PFAs chemicals, and thus could not break down in an industrial composting facility, he would not have purchased the Products,” says that Safeway and Albertsons plates class action lawsuit.

“Instead, he paid considerably more for the Products than he would have for similar products that are not advertised as compostable.”

Safeway and Albertsons paper platesTo make matters worse, PFAS chemicals are associated with significant health risks.

The EWG notes that PFAS chemicals have been linked to a variety of problems such as testicular cancer, kidney cancer, liver cancer, pancreatic cancer, reproductive issues, weakened childhood immunity, endocrine disruption, increased cholesterol, and more.

“Over the past two decades, PFAS have come under increasing scrutiny from toxicologists, ecologists and regulators given their persistence and connection to serious potential health effects,” the Safeway and Albertsons class action lawsuit notes.

By putting consumers at risks for these health consequences, the companies have allegedly caused further injuries to DiGiacinto and other consumers.

DiGiacinto seeks to represent a Class of people who purchased the Safeway and Albertsons plates and bowls for personal use in California. On behalf of himself and this proposed Class, DiGiacinto seeks restitution, disgorgement, compensatory damages, punitive damages, court costs, and attorneys’ fees.

Did you purchase disposable Safeway plates? Are you concerned about the presence of PFAS chemicals in these products? Share your thoughts in the comments section below.

DiGiacinto is represented by Mark N. Todzo and Meredyth Merrow of Lexington Law Group.

The Safeway and Albertsons Plates Class Action Lawsuit is DiGiacinto v. Albertsons Companies Inc., et al., Case No. 3:20-cv-03382, in the U.S. District Court for the Northern District of California.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

79 Comments

  • Janice Ronquillo October 16, 2020

    Add me.

  • Jean Purdy October 2, 2020

    Add me

  • Richard Patterson October 1, 2020

    I have used these for years and experience Heath issues

  • pat ewing September 1, 2020

    please add me. yes. I have purchase paper palates from Safeway for years. No more!!!

  • Jacqueline Harvey August 26, 2020

    add me

  • Felicia R Reddick August 3, 2020

    add me in

  • Karen Wong August 2, 2020

    Please add me.

  • Heather Leyva June 30, 2020

    Add me

  • Aj Tarman June 28, 2020

    Awful! No more!

  • Odessa King June 28, 2020

    Please add me have purchased these for years

  • Jerry Couchman June 26, 2020

    I use Albertsons paper plates every week.

  • Merry Jackson June 26, 2020

    Omg we this product all the time

  • Alvaro Sandoval June 26, 2020

    Add me in purchased at Safeway

  • Claire Mallet June 25, 2020

    I purchase these at Albertsons

  • Candace Morgan June 25, 2020

    Please add me I have purchase disposable Safeway plates i am concerned about the presence of PFAS chemicals in these products

  • gwendolyn saddler June 24, 2020

    add me please

  • Geraldine Smith June 24, 2020

    May 26, 2020

    YES, they have put myself and my family health at risk.
    PLEASE add me to this class action against SAFEWAY AND ALBERTSONS PLATES case 3:20-cv-03382. Thanks !

  • Michael Navarro June 23, 2020

    PLEASE ADD ME TO LIST

  • Fred Navarro June 23, 2020

    PLEASE ADD ME TO LIST

  • Erica HOLLEMAN June 2, 2020

    Sing me up

  • pat ewing May 30, 2020

    please add me

  • Angel Pedersen May 30, 2020

    I purchased these too! But not in CA. That’s scary. I guess you cant trust anything anymore. Add me if possible. Thanks
    Stay safe

  • Michelle Vickery May 29, 2020

    Add me please

  • Pame3la Comstock May 29, 2020

    Have purchased their paper plates, and wondering how much toxins leached into the food? And what exactly is it we were digesting? And, does it stay in our systems?

  • Yvette Norris May 28, 2020

    Add me to your list

  • Shelley Faulkner May 27, 2020

    yes Im quite concerned that Ive put my family s health at risk for the convince of using there product. why hasnt the consumer been made aware of this befor now

  • Susan R King May 27, 2020

    Add me

  • Steve Hemphill May 26, 2020

    Please add me to this class action against SAFEWAY AND ALBERTSONS PLATES case 3:20-cv-03382. Thanks !

  • sabrina six May 26, 2020

    add me

  • Travis Franklin May 26, 2020

    Add me

  • Anita M Cook May 26, 2020

    Please Add Me

  • Patricia Nemeth May 26, 2020

    So, read the whole PFCAs cause and now wonder if my father, who worked 42 years in DIXIE CUP, Georgia Pacific here in NE PA was exposed to the chemicals in plates, cold and hot drink cups, etc. He passed with pancreatic cancer, SBO, at 64 to and he ate Mediterranean diet, acre gardening for all his adult life yet drank from those hot drink cups and I am convinced the interiors are coated with an agent, chemical to keep liquid hot and all the while its melting inside of waxed cup dispensing PFCAs into our bodies. I would love to discuss this finding with an attorney.

  • Jennifer Marsh May 26, 2020

    Please add me

  • Tierny Cox May 26, 2020

    I purchased these add

  • Cynthia Ingraham May 26, 2020

    This news is disturbing, I ‘be purchased these plates. Please add me.

  • Lillian reanier May 26, 2020

    yes please add me i buy disposable plates and such from safeway and yes i thought they were healthy for the environment and biodegradable i have bought numerous packs and can get receipts.

  • Tani Preston May 26, 2020

    Please add me.

  • Isabel Dominguez May 26, 2020

    Please add me

  • stephanie May 24, 2020

    add me

  • carl barker May 24, 2020

    add me

  • Christine Goudin May 24, 2020

    Add me please

  • Robert J Goudin May 24, 2020

    Add me please

  • hamilton mckinnon May 23, 2020

    At first the person says disposable plates then it goes to reusable plates ….so I call bull shit

  • Kylie May 23, 2020

    I’ve bought the plates add me please.

  • Nora J Flores May 23, 2020

    Add me please

  • Annette Dixon May 23, 2020

    Add me I brought these plates at Albertsons my kids been using this why no one told us about this

  • Anne Padilla May 23, 2020

    Please add me. I purchase these to use for weeknight meals. I’m horrified!

  • Tasha May 23, 2020

    Add me please

  • James w Felix sr May 23, 2020

    Add me

  • Kathleen hosko May 23, 2020

    Add me please. Had I known these plates and bowls contained harmful chemicals, I wouldn’t have purchased them

  • Crystal C. May 23, 2020

    Why do they have to add toxic chemicals to things we use?!?! Add me

  • Toni Bradley May 23, 2020

    Our family uses these plates religiously! Please add me.

  • karyn keyser May 23, 2020

    we buy all the time
    plse add us

  • Hazel O'Neal May 23, 2020

    I shopped Safeway Albertsons all the time for these products these paper plates I buy a lot of paper plates .2 years ago my husband found out he had cancer in the jaw and throat .and I also have thyroid problems .the company that made these items should be sued big time putting consumers Health in danger.
    Please add me to your list.

    • Greta Shamshyan May 23, 2020

      Er

  • Robyn Kluth May 23, 2020

    I always use these plates add me please

  • Patricia S May 23, 2020

    The article says the chemical was found in 97% ?
    Add me please.

  • Owen bennett May 23, 2020

    Add me please

  • Sonickta Srey May 23, 2020

    Please add me

  • Sabrina R Mcmorris May 23, 2020

    Add me

    • Elizabeth Donell May 23, 2020

      Add me ,ibuy plates from for years

  • Jamie m May 23, 2020

    Article doesnt state what brand the plates were. Unless the brand is signature cafe this would not be the fault of Safeway but the company that makes and labels them. Thats my only issue.

  • cindy J wallace May 23, 2020

    Add me please

  • Julie May 23, 2020

    I have always used these p plates, this is very disturbing! To say the least.
    Please add me.

  • Benjamin Rivera May 22, 2020

    Add me please

  • Jennifer L Bradford May 22, 2020

    I’ve been buying these plates for years.
    This is unacceptable!!
    Definitely add me please!!

    • Annette Hutchinson May 23, 2020

      Add me please.

  • Sherrena Green May 22, 2020

    Please add me! I buy these plates all the time.

  • Tawana Johnson May 22, 2020

    Add me

  • Fred Jang May 22, 2020

    Please add me to the list.

  • Joan Winn May 22, 2020

    Shop there for years and since Albertson sold they have continually raised the price and remove product off shelfs.
    I STOP USI.G A LOT OF PRODUCTS.

  • Rhonda Stevens May 22, 2020

    add me please

  • Francilla L Freeman May 22, 2020

    I shop with Safeway all the time and I don’t use real dishes I used plastic ones. I wish I had kept the receipts.

  • Polly Lever May 21, 2020

    Add me please

  • alla shmulevich May 21, 2020

    Add me

  • Tonya Mclemore May 21, 2020

    Add please

  • Lisa S. May 21, 2020

    Add me.

    • Jamie coleman May 23, 2020

      I’vI just bought a bunch of paper plates and cups during this corona 19 lock down other then that I alwaus. Buy plates and stuff for the; the kids during holidays for years

  • Darryl Kimble May 21, 2020

    Add me

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