The Center for Science in the Public Interest (CSPI) has issued an offer of settlement to Safeway Inc., claiming that it intends to sue the company if it fails to adequately notify its customers about the recall of contaminated foods. According to CSPI’s May 5, 2010, letter, Safeway has a club card membership program through which the retailer “can easily identify which Customers purchased products subject to Class 1 recalls, and then advise those Customers that they have purchased a product that puts them at risk of a serious health problem or death.”

CSPI contends that Safeway’s competitors do this and that Safeway is engaging in “unfair and deceptive acts and practices by selling dangerous products and then failing to inform its Customers that they are at risk.” If the company does not agree to inform customers about food recalls by posting online warnings and in-store signs, as well as “immediately contacting each Customer—by telephone, letter, and (when possible) email and text messaging—to advise them not to consume the product and offering a full refund of the amount paid for the product,” CSPI says it will file a lawsuit for injunctive relief, disgorgement or restitution, damages, and attorney’s fees. See CSPI Press Release, May 6, 2010.

About The Author

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.

Close