Proposed Class Action Against Safeway Challenges Slack Fill in Tuna Cans

A California consumer has filed a putative class action against Safeway
Inc. alleging the grocery retailer’s tuna cans are under-filled by 10 to 20
percent based on federally mandated fill standards. Soto v. Safeway Inc.,
No. 15-5078 (N.D. Cal., filed November 5, 2015). The plaintiff contends
that U.S. National Oceanic and Atmospheric Administration (NOAA)
testing indicates Safeway’s 5-ounce tuna cans contain an average of
2.29 ounces of pressed cake tuna despite federal standards requiring
cans of that size to contain at least 2.84 ounces of product. This result
was consistent across 97.9 percent (94 of 96) of the tuna cans analyzed,
according to the complaint. The plaintiff alleges breach of warranties,
fraud, unjust enrichment, negligent misrepresentation and violations of
California’s consumer protection statutes, and he seeks class certification,
compensatory and punitive damages, an injunction and attorney’s fees.

Issue 584