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KamaAina

(78,249 posts)
Mon Nov 16, 2015, 01:21 PM Nov 2015

Santa Cruz man accuses Safeway of underfilling tuna cans

http://www.mercurynews.com/eat-drink-play/ci_29123830/santa-cruz-man-accuses-safeway-underfilling-tuna-cans

Safeway, the nation's second largest supermarket chain, is accused of shortchanging customers by selling them underfilled store brand canned tuna in a class action lawsuit filed on Nov. 5 in California Northern District federal court in San Francisco.

Plaintiff Ehder Soto of Aptos said in court documents that recent government testing uncovered that the cans of tuna he purchased regularly from a local Safeway didn't contain the full 5 ounces of tuna advertised on the label. Attempts to reach him and his attorneys at Bursor & Fisher in Walnut Creek and New York were unsuccessful Friday.

The National Oceanic and Atmospheric Administration found 106 out of 108 Safeway tuna cans did not have as much tuna as promised. They contained an average of 2.29 ounces of tuna, which is 19.4 percent below the federally mandated minimum standard of fill for 2.84 ounces, according to the lawsuit....

He filed claims against Safeway for breach of express warranty, breach of the implied warranty of merchantability, breach of the implied warranty of fitness for a particular purpose, unjust enrichment, negligent misrepresentation and fraud. He also accused the grocery store of violating the state's Consumers Legal Remedies Act, Unfair Competition and False Advertising laws.


Sorry, Charlie!
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Santa Cruz man accuses Safeway of underfilling tuna cans (Original Post) KamaAina Nov 2015 OP
good for him, booooo for safeway--and yet another reason to avoid them (apart from pricing, niyad Nov 2015 #1
The irony is that just over the hill in San Jose, Safeway has had killer specials on name-brand tuna KamaAina Nov 2015 #2
I am guess that this took place some time ago, takes a while to get these things going. niyad Nov 2015 #3
People are getting sick of this bull shit. MADem Nov 2015 #4
Something smelled fishy. Octafish Nov 2015 #5
Sounds like he found expert representation in Bursor & Fisher pinboy3niner Nov 2015 #6
Indeed, and here's hoping they prevail and achieve a similar settlement as StarKist Brother Buzz Nov 2015 #9
The best tuna Mosby Nov 2015 #7
Thanks for that link. Sunlei Nov 2015 #14
This seems somewhat endemic. Starkist got hit with a class-action suit over the same issue. Erich Bloodaxe BSN Nov 2015 #8
WTF??? hobbit709 Nov 2015 #10
That's tuna plus water KamaAina Nov 2015 #11
If it says TUNA on the can, I don't expect to pay for 40+% water by weight. hobbit709 Nov 2015 #12
another good reason to quit eating fish, along with avoiding extinction of all fish nt msongs Nov 2015 #13
Did this strike anyone as odd? hughee99 Nov 2015 #15
Struck me as very odd. Who would even think to ask them to do it? denverbill Nov 2015 #18
"recent government testing" How come our Gov. doesn't sue aswell? Sunlei Nov 2015 #16
Just good ol capitalism at work PowerToThePeople Nov 2015 #17
Store brand was probably manufacturered Holly_Hobby Nov 2015 #19

niyad

(113,567 posts)
1. good for him, booooo for safeway--and yet another reason to avoid them (apart from pricing,
Mon Nov 16, 2015, 01:32 PM
Nov 2015

and a few other things)

 

KamaAina

(78,249 posts)
2. The irony is that just over the hill in San Jose, Safeway has had killer specials on name-brand tuna
Mon Nov 16, 2015, 01:33 PM
Nov 2015

So why bother with store brand?

MADem

(135,425 posts)
4. People are getting sick of this bull shit.
Mon Nov 16, 2015, 01:38 PM
Nov 2015

There are folks out there who are too young to remember that a can of coffee in the supermarket used to be a POUND of coffee.

Now, you're lucky to get 13 oz., and often you get but 10. Is the price adjusted to reflect the smaller amount? Of course not!

It's even more egregious when they shortchange you from the lousy amount they are claiming to provide!

I hope he wins, and forces Safeway to give everyone with a card a six pack of free tuna!

Brother Buzz

(36,466 posts)
9. Indeed, and here's hoping they prevail and achieve a similar settlement as StarKist
Mon Nov 16, 2015, 02:07 PM
Nov 2015

We never, ever, purchased it so we didn't qualify for the StarKist rebate, but we sure will for Safeway.

Mosby

(16,357 posts)
7. The best tuna
Mon Nov 16, 2015, 01:49 PM
Nov 2015
http://americantuna.com/

No added water or oil, it's cooked in its own juices.

I eat it as a treat (it's expensive) right out of the can.

Erich Bloodaxe BSN

(14,733 posts)
8. This seems somewhat endemic. Starkist got hit with a class-action suit over the same issue.
Mon Nov 16, 2015, 01:58 PM
Nov 2015

Shortchanging customers in various types of the canned tuna they sell. I'd been buying starkist up until just recently when I found out just how crappily they ranked in sustainability lists, so I filed a claim a number of months ago. Still haven't seen any response, and even if I got the maximum they said they might chip out per claimant, I imagine based on the number of cans I've bought over the last few years that it still won't come close to covering the extra profit they made off me.

hobbit709

(41,694 posts)
10. WTF???
Mon Nov 16, 2015, 02:12 PM
Nov 2015

"They contained an average of 2.29 ounces of tuna, which is 19.4 percent below the federally mandated minimum standard of fill for 2.84 ounces" If I buy a 5 ounce can, I expect to see 5 OUNCES in it.

 

KamaAina

(78,249 posts)
11. That's tuna plus water
Mon Nov 16, 2015, 02:25 PM
Nov 2015

It's supposed to be at least 2.84 ounces of tuna and no more than 2.16 ounces of water.

hobbit709

(41,694 posts)
12. If it says TUNA on the can, I don't expect to pay for 40+% water by weight.
Mon Nov 16, 2015, 02:49 PM
Nov 2015

Of course if I buy Tuna, I buy it the fish section at the store instead of in a can.

hughee99

(16,113 posts)
15. Did this strike anyone as odd?
Mon Nov 16, 2015, 03:32 PM
Nov 2015

"The National Oceanic and Atmospheric Administration found 106 out of 108 Safeway tuna cans did not have as much tuna as promised."

Why is this a NOAA issue? Because fish are involved?

denverbill

(11,489 posts)
18. Struck me as very odd. Who would even think to ask them to do it?
Mon Nov 16, 2015, 03:51 PM
Nov 2015

If I was investigating something like that, I'd take it to some independent lab or something. Or I'd complain to the FTC about unfair trade practices.

 

PowerToThePeople

(9,610 posts)
17. Just good ol capitalism at work
Mon Nov 16, 2015, 03:42 PM
Nov 2015

Any class action losses will be minor compared to the profits made via the fraud. It won't stop anything.

What should we do? I know, we can get Hillary to tell them to "cut it out!" Yea, that's the ticket.

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