Fred Meyer Class Action Filed Over 10 Cent Bottle Deposit

Oregon residents say they were inappropriately charged deposits by Fred Meyer, and its parent company Kroger, for unreturnable beverage containers.

Under Oregon’s landmark bottle bill enacted to help prevent waste, consumers are charged an extra 10 cents for bottles and cans that can be returned to the store.

Consumers may recoup the fee by returning the empty bottles and cans to grocery stores and other retailers.

However, the plaintiffs in the Fred Meyer bottle deposit class action lawsuit allege that the retailer charges consumers $0.10 deposits on drink containers that cannot be returned under the bottle bill.

The Fred Meyer customers say they purchased beverages at Fred Meyer that were not returnable under Oregon’s bottle bill. However, the Fred Meyer bottle deposit class action lawsuit claims they were assessed the $0.10 per item deposit fee anyway.

“Under Oregon law, certain beverages are exempt from the 10-cent deposit,” explains the Fred Meyer class action lawsuit. “Exempt beverage containers cannot be returned for a 10-cent refund. ‘Exempt beverages’ include certain products sold in cartons, drink boxes, and foil pouches.”

The plaintiffs say that while stores are required to assess the $0.10 fee on returnable bottles and cans, Fred Meyer also assesses the fee on nonreturnable items.

According to the Fred Meyer bottle deposit class action lawsuit, the plaintiffs and other consumers are out the $0.10 fee for each nonreturnable item because they cannot then return the empty receptacles to the store to recoup the fees.

“In July and August 2018, each plaintiff purchased an exempt beverage from Fred Meyer, and Fred Meyer collected a 10-cent deposit charge from them for each exempt beverage container,” states the Fred Meyer bottle deposit class action lawsuit. “Fred Meyer did not disclose its 10-cent deposit charge in the advertisement of the exempt beverage prices to plaintiffs.”

According to the Fred Meyer class action lawsuit, retail locations throughout Oregon routinely charge for nonreturnable items and further fail to disclose this policy to consumers. This policy allows them to reap profits from unsuspecting consumers who have no way to recoup the bottle deposit fees they pay.

“Fred Meyer understands that the retail industry involves tight profit margins and high sales volumes,” contend the plaintiffs in the Fred Meyer bottle deposit class action lawsuit. “Fred Meyer understands that it’s profitable to collect 10-cent deposit charges on exempt beverages that its customers will never be able to exchange for a refund. Fred Meyer understands that Oregon law does not permit it to collect bottle deposit charges on exempt beverages but continues to overcharge its customers anyway.”

The Fred Meyer bottle deposit class action lawsuit seeks to represent a Class of consumers who have shopped at the retailer’s Oregon locations since Jan. 1, 2018 and paid the $0.10 fee on exempt beverage containers.

The plaintiffs are seeking not only reimbursement for the bottle deposit fees, but for statutory fines to be assessed against Fred Meyer.

The Fred Meyer bottle deposit class action lawsuit argues that the retailer should have to pay a fine of $200 for each of the thousands of customers who were unfairly charged for a bottle deposit fee.

The Fred Meyer customers are represented by Michael Fuller of OlsenDaines and Kelly D. Jones.

The Fred Meyer Bottle Deposit Class Action Lawsuit is Solano, et al. v. The Kroger Co., et al., Case No. 3:18-cv-1488, in the U.S. District Court for the District of Oregon, Portland Division.