A $5 million class-action lawsuit filed on November 5 in San Francisco courts accuses Safeway of shortchanging customers who purchased private brand canned tuna. Ehder Soto of Aptos, Calif., said in court documents that government testing showed that cans.
The suit seeks $5 million in damages for anyone who purchased five-ounce cans of private brand Safeway Chunk Light Tuna in Water and Safeway Solid White Albacore Tuna in Water.
“I would not have purchased Safeway Chunk Light Tuna in Water if I had known that the cans were underfilled and underweight,” Soto stated in court documents.
The documents said the National Oceanic and Atmospheric Administration found that 106 out of 108 Safeway tuna cans were underfilled. They averaged 2.29 ounces of pressed cake tuna, or 19.4 percent below the federally mandated minimum standard of fill — 2.84 ounces.
Another sampling showed that seven Safeway Solid White Albacore Tuna in Water cans were also short of tuna. “Of these tests, every individual can was below the minimum standard of fill,” according to the lawsuit.