$42M Safeway Grocery Home Delivery Overcharge Class Action Judgment

Who is a Class Member

Class members of the Safeway Grocery Home Delivery Overcharge Settlement include all consumers registered for and received one or more orders for grocery home delivery prior to November 15, 2011 through Safeway.com, Vons.com, or Genuardis.com and were subject to a price markup.

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.


Settlement Amount

  • $42,000,000.00

Estimated Award

  • Varies

The amount of your payment will be the amount of markup you were charged by Safeway, according to Safeway’s records. Class notices were sent to eligible class members.


Proof of Purchase

  • N/A

Safeway Grocery Home Delivery Overcharge Settlement Settlement Notes

  • Rodman v. Safeway, Inc.
  • Case No. 11:3003
  • Pending in the U.S. District Court for the Northern District of California

In June 2011, Plaintiff Michael Rodman initiated this class action lawsuit alleging that Safeway, Vons, and Genuardis (Safeway) overcharged consumers for certain groceries ordered for home delivery. Specifically, Rodman claimed that Safeway marked up online delivery items about 10 percent more than the in-store price for the same item.

According to the settlement website (www.SafewayGroceryDeliveryClassAction.com), in November 2015, the court entered a judgment against Safeway in favor of the consumers but Safeway appealed the judgement. Finally, in August 2017, the Ninth Circuit Appeals  Court upheld the judgment and Safeway must pay $42 million for overcharging customers, plus pre and post judgment interest.

Attorneys for the consumers intend to request that the Court award 35 percent of the judgment for counsel fees and expenses for their six years of work on this case as well as a $10,000 service award to Rodman for his efforts. Assuming these requests are approved by the Court, the remaining amount will be distributed to class members via mailed check and will be, on average, about 89 percent of the markup charged.

It is important to note that this lawsuit only affects customers who registered before November 15, 2011 and placed orders for Safeway grocery home delivery from April 2010 through December 21, 2014. Any markups which Safeway applied or continues to apply to any grocery home delivery after December 21, 2014 are not included in this lawsuit.

Class members do not need to do anything in order to receive a check, but they should confirm their mailing address listed on their notice is correct. Class members who wish to object to the terms of the Safeway Grocery Home Delivery Overcharge Settlement must do so by March 2, 2018.


Important Dates

  • N/A: Claim Form Deadline (Checks will be automatically mailed after the Fairness Hearing to eligible Class Members)
  • 3/2/18: Objection Deadline
  • 3/29/18: Fairness Hearing, 2:00 pm PT (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check www.SafewayGroceryDeliveryClassAction.com to confirm that the date or time of the Hearing has not been changed.


Contact Information

  • Mail: Safeway Judgement Administrator, c/o Angeion Group, 1801 Market Street, Ste 660, Philadelphia, PA 19103
  • Email: SafewayJudgment@AdministratorClassAction.com

Class Counsel


Settlement Website

Claim Cash or Voucher Safeway Olive Oil “Imported from Italy” Class Action Settlement

Who is a Class Member

  • There are two Safeway olive oil settlement classes:
    • Extra Virgin Olive Oil Settlement Class includes “all persons who, between May 23, 2010 and Dec.16, 2016, purchased, at Safeway Inc. retail stores in the United States, any Safeway Select Extra Virgin Olive Oil Products except for resale.”
    • Pure Or Extra Light Olive Oil Settlement Class includes “all persons who, between Jan. 1, 2012 and July 31, 2015, purchased, at Safeway Inc. retail stores in the United States, any Safeway Select Pure Olive Oil or Safeway Select Extra Light in Flavor Olive Oil, except for resale.”

If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.


Estimated Award

  • $7.50

If you timely file a valid claim form, you can choose to receive either a voucher or cash refund per product purchased depending on the product purchased. The amounts that you can receive are as follows:

Safeway Select Olive Oil Type Eligible Purchase Dates Voucher value (per Product purchased) Cash (per Product purchased)
Pure January 1, 2012 to July 31, 2015 $1.50 $0.50
Extra Light In Flavor January 1, 2012 to July 31, 2015 $1.50 $0.50
Extra Virgin May 23, 2010 to July 31, 2015 $1.50 $0.50
Extra Virgin August 1, 2015 to December 16, 2016 $0.75 $0.25

 

If you choose to receive vouchers, you will receive a separate voucher for each product purchased during the eligible purchase dates. Vouchers are redeemable at any Safeway or Vons store. They can be used as the equivalent of cash for the purchase of any item except for dairy products, gasoline, prescription pharmaceuticals, alcohol, or tobacco products. Vouchers will not expire.


Proof of Purchase

  • Settlement awards are limited to five product purchases. However, if you would like to make a claim for more than five product purchases, you must submit at least one of the following proof of purchase:
    • A Safeway Club Card number—or telephone number that links to a Safeway Club Card account hat was used to make purchases of the Products during the eligible time periods.
    • One or more itemized Safeway store receipts showing date and place of purchase, name and quantity of Products purchased, and amount paid during the eligible time periods.

Claim Form

class action lawsuits


Safeway Olive Oil “Imported from Italy” Settlement Notes

  • Kumar v. Safeway Inc.
  • Case No. RG-14726707
  • Pending in the Superior Court of the State of California, County of Alameda

Plaintiff Rohini Kumar filed the Safeway Olive Oil class action lawsuialleging that Safeway improperly marketed certain Select brand olive oil products as “Imported From Italy” and/or “extra virgin”, and thereby intentionally misrepresented the olive oil products to consumers. Kumar argued that most of the olive oil in the products originated from olives grown in other Mediterranean countries, which are then shipped to Italy for blending and bottling before being exported to the United States.

The lawsuit also alleges that, with respect to Safeway Select Extra Virgin Olive Oil, Safeway’s suppliers’ procurement, bottling, and distribution practices did not adequately ensure that the oil would meet the “extra virgin” standard through the date of retail sale or the “best by” date on the bottles.

Safeway denies that there is any factual or legal basis for Kumar’s allegations and contends that its labeling is accurate, not misleading, and in compliance with all applicable rules and regulations. However, under the terms of the Safeway Olive Oil settlement, the company has agreed in the future not to use the phrase “Imported from Italy” except in for olive oils made from 100% Italian olives. It has also agreed to bottle its Safeway Select Extra Virgin Olive Oil in green or brown glass containers and to use a “best by” or “use by” date not later than eighteen months after the date of bottling.

Class members who wish to exclude themselves or opt-out of the settlement must do so by Feb. 16, 2018. Class members who wish to submit a claim must do so by Feb. 16, 2018.


Important Dates

  • 2/16/18: Claim Form Deadline
  • 2/16/18: Exclusion or Objection Deadline
  • 3/16/18: Final approval hearing at 10:00 am PT (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

Contact Information

  • Mail: Safeway Settlement Claim Administrator, c/o Kutrzman Carson Consultants, PO Box 404041, Louisville, KY 40233-4041
  • Phone: 1-866-650-3844

Class Counsel


Settlement Website