Safeway Sued Over Recall Notifications

ELLIOT ZWIEBACH

PLEASANTON, Calif. — Safeway here defended its policies on product recalls Wednesday following the filing of a suit in California Superior Court by individual customers in Northern California and Montana, backed by the Center for Science in the Public Interest.

The suit claims Safeway failed to use information from its frequent shopper cards to notify consumers of specific product recalls. It asks the chain to do so and also seeks refunds for the litigants on the recalled products they purchased.

In a press statement, Safeway said it notifies customers of Class 1 recalls "consistent with all legal and regulatory requirements," including press releases, information posted on its website and printed on register receipts and point-of-purchase signage, as well as club card data "to make automated or personal phone calls to customers." Safeway also said shoppers are not required to provide contact information to obtain a frequent shopper card.

"One size does not fit all," the company said. "We consider the information/data that is available to determine how to best provide recall information to our customers. Indeed, less than 50% of all grocery retailers even have club card programs. Thus, the ability to contact customers individually is not an industry norm."

CSPI, a nonprofit group, said other chains, including Kroger, Wal-Mart, Costco, Giant Food, Harris Teeter, Wegmans and ShopRite "all routinely issue food safety alerts using a variety of methods, including emails and automated phone calls."

"Safeway aggressively uses its club card data to churn out coupons, analyze its customers' shopping habits and otherwise boost sales," Steve Gardner, CSPI litigation director, said in a press release. "Yet when it knows it has sold products that may be contaminated with E. coli, salmonella or other hazards, it does not use its robust marketing database to prevent illness or deaths. That is hardly the 'safe way.'"

In early 2009 CSPI publicly called on retailers that use loyalty cards to contact customers who bought recalled foods.