SEATTLE — Washington state has filed a lawsuit against Albertsons, alleging the grocery chain has been overcharging customers through deceptive buy one, get one free offers. The suit, led by Attorney General Nick Brown, claims Albertsons overcharged customers on at least 3.1 million occasions between October 2019 and May 2024, amassing at least $19.6 million from these transactions. Brown alleges Albertsons, which also operates Safeway and Haggen stores, manipulates prices of items such as bread, produce, and olive oil before and after BOGO promotions.
The lawsuit, submitted to King County Superior Court, states that Albertsons raises prices before a BOGO offer and then reduces them after the promotion ends. This scheme allegedly leads customers to pay a premium on the first product to cover the cost of the “free” item. The lawsuit follows a detailed investigation into these pricing tactics.
“Washington consumers are already burdened by affordability issues, and we’re not going to stand by and let them get fleeced by deceptive marketing,” Brown stated during a press conference. Albertsons responded by acknowledging the lawsuit and expressing disagreement, claiming the state’s analysis is flawed.
The lawsuit provides examples such as the price of Oroweat Premium Italian Bread in Tacoma rising by 16% during a BOGO offer in 2021. Similar price hikes occurred for items like mini watermelon and olive oil at other locations. This isn’t the first time Albertsons has faced legal issues over BOGO pricing strategies. In Oregon, it settled a class-action lawsuit for $107 million in 2016, and in 2024, it settled another lawsuit with Washington consumers.
The state’s lawsuit accuses Albertsons of breaching the Consumer Protection Act by engaging in unfair and deceptive practices. Brown seeks to have Albertsons halt its BOGO practices, offer restitution, and pay civil penalties. Albertsons, with 225 stores in Washington, has previously faced legal challenges, including a blocked merger with Kroger due to consumer protection violations.
Brown noted the federal government’s reduced consumer protection efforts under the Trump administration and the rising grocery prices affecting everyone. Washington lawmakers attempted to pass legislation to control electronic pricing and algorithmic surge pricing, but it failed. Brown’s office continues to scrutinize whether companies adjust prices based on personal data.
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