AG Brown Sues Grocery Stores Over Deceptive BOGO Pricing

SEATTLE — Washington Attorney General Nick Brown filed a consumer protection lawsuit Monday against Albertsons Companies and its grocery brands Safeway and Haggen, alleging the company overcharged customers through misleading “buy one get one free” promotions.

The lawsuit landed in King County Superior Court against Boise-based Albertsons Companies, which operates Safeway, Albertsons, and Haggen stores across Washington. The company runs approximately 214 grocery stores statewide under those banners.

Alleged Pricing Scheme

According to the complaint, the company raised prices on common grocery items ahead of “buy one get one free” promotions. Items included bread, cereal, produce, and olive oil. After promotions ended, prices often dropped back to prior levels.

“Defendants plan their BOGO promotions generally one year to four weeks before they are implemented in stores,” the complaint states. “When Defendants schedule a BOGO promotion, they artificially increase the price of the BOGO item in the run-up to the promotion, only to bring the price back down to the pre-BOGO level after the promotion is over.”

The attorney general’s office says the structure misled shoppers. Customers believed they received a free item when in fact they paid an inflated base price for the first product.

Example From a Gig Harbor Store

The lawsuit cites an Albertsons store in Gig Harbor as a specific example of the alleged practice:

Impact on Consumers

Brown said the practice harmed Washington shoppers at a time when affordability remains a pressing concern.

“We’re not going to stand for people getting fleeced by these deceptive practices,” Brown said. “We want to make sure we’re protecting people’s pocketbooks.”

The attorney general’s office says the conduct affected more than 3 million transactions between October 2019 and May 2024. It estimates the promotions generated up to $19.7 million in revenue.

Prior Cases Involving BOGO Pricing

The lawsuit notes prior legal action involving similar allegations.

Albertsons previously paid $107 million to settle a 2016 Oregon class action lawsuit over BOGO pricing practices. The company also reached a 2023 federal class action settlement involving similar claims in Washington.

The current suit comes as Albertsons is currently navigating broader merger-related divestitures, with approximately 124 Washington stores potentially slated for sale to C&S Wholesale Grocers.

Claims and Requested Relief

The Attorney General’s Office alleges violations of Washington’s Consumer Protection Act, including unfair and deceptive acts and misrepresentation of pricing.

Brown asks the court to stop the pricing practice, order restitution for consumers, and impose civil penalties for each violation. The lawsuit also seeks pre-judgment interest.

Assistant attorneys general Bob Hyde and Shana Emile and paralegals Judy Lim and Michelle Paules are handling the case.