Safeway class action alleges retailer inflates product price in buy-one-get-one-free promotions

Safeway promotions class action lawsuit overview: 

• Who: Kim Siflinger filed a class action lawsuit against Albertson’s Companies LLC and Safeway Inc. 
• Why: Siflingers claims Safeway inflates the price of its grocery items sold under its “Buy One, Get One Free” promotion to cover the cost of the second “free” item. 
• Where: The class action lawsuit was filed in the Superior Court of the State of Washington County of King.
• What are my options: Consumers looking for alternatives to Safeway may be interested in gopuff.

Safeway inflates the regular price of grocery items offered under its “Buy One, Get One Free” promotion so that consumers pay “substantially more for the first product to cover the cost of the second,” a new class action lawsuit alleges. 

Plaintiff Kim Siflinger claims Safeway’s alleged conduct prevents customers in Washington from actually receiving a second item for free under the grocery store’s BOGO promotion. 

“Instead, they pay more for the product and buy more of the product than they otherwise would in order to obtain the illusory ‘free’ product,” the Safeway class action states. 

Siflinger argues Safeway is violating Washington’s Consumer Protection Act (CPA). She wants to represent a Washington class of Safeway shoppers who allegedly overpaid for items offered as part of the store’s BOGO promotion within the past four years. 

Safeway BOGO promotion has customers ‘pay for a seemingly free product,’ says class action

Common items offered in the Safeway BOGO promotions are boneless pork chops, chicken breasts and thighs, beef steaks, ice cream, coffee, and frozen seafood, according to the Safeway class action. 

In addition to its “Buy One, Get One Free” promotion, Safeway also offers a “Buy One, Get Two Free” sale, however, Siflinger claims this also simply has customers “pay for a seemingly ‘free’ product.” 

“As a direct and proximate result of Defendants’ unfair acts or practices, Ms. Siflinger and the Class have suffered an injury in fact and lost money,” the Safeway class action states. 

Siflinger is demanding a jury trial and requesting injunctive and declaratory relief along with an award of actual and treble damages for herself and all class members. 

A separate class action lawsuit was filed against Safeway and Acme Markets in June 2022 by a consumer arguing the Albertson’s Companies stores misrepresented some of their Signature Care brand of over-the-counter acetaminophen drugs as being “rapid release.” 

Have you purchased a Safeway item listed as for sale under a BOGO promotion? Let us know in the comments! 

The plaintiff is represented by Beth E. Terrell and Blythe H. Chandler of Terrell Marshall Law Group PLLC, David F. Sugerman and Nadia S. Dahab of Sugerman Dahab, Tim Alan Quenelle of Tim Quenelle PC, and E. Michelle Drake of Berger Montague PC.

The Safeway promotions class action lawsuit is Siflinger, et al. v. Albertson’s Cos. LLC, et al., Case No. 23-2-06319-8, in the Superior Court of the State of Washington County of King. 

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