A Pennsylvania resident has sued Safeway, Inc. on behalf of a putative nationwide class of consumers who placed online orders for the home delivery of groceries and were allegedly charged about 10 percent more for each item in addition to a delivery fee. Rodman v. Safeway, Inc., No. 11-03003 (N.D. Cal., filed June 17, 2011). According to the complaint, Safeway assures consumers that they will pay the same prices for home-delivered goods that they would pay in the store. An “FAQ” section of Safeway’s website allegedly states “You will be charged the prices charged in the store on the day your order is picked and delivered.”

Believing that the prices charged for his initial online order were high, the
plaintiff apparently compared the prices for his second order with in-store
prices and found that prices for 10 of 14 items included the “secret” add-on
cost. Alleging breach of contract, violations of California’s Consumers Legal
Remedies Act, false and misleading advertising, and unlawful business acts
and practices, the plaintiff seeks an injunction to stop the grocery from
continuing to engage in the alleged unlawful practices; restitution and
disgorgement; an accounting, statutory, general, special, and exemplary
damages; attorney’s fees; costs; and interest. The plaintiff alleges damages
exceeding $5 million.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.