Promotions offered at California Safeway stores deliberately misled customers into paying more for grocery items included in BOGO deals, the lawsuit alleges.
Club Card. But the price of the ice cream was lower than that prior to the promotion, costing $4 – a price that returned as soon as the BOGO deal ended, Haley alleged.
“Contrary to the language of Defendants’ free product offers, the BOGO products are not actually free. Instead, Defendants increase the price of the first unit of the product to cover the cost of the second—purportedly ‘free’—unit of the product,’” the lawsuit alleged. “These ‘free’ sales are unlawful, unfair, or deceptive practices under California’s Unfair Competition Law and are impermissible under California’s False Advertising Law.
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