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Washington Attorney General Sues Albertsons Over Alleged Deceptive BOGO Promotions

4/28/2026, 12:45:06 PM

Alleged Deceptive BOGO Promotions

Attorney General Nick Brown filed a consumer-protection suit in King County Superior Court alleging that Albertsons Companies, operator of Safeway, Albertsons and Haggen stores in Washington, raised prices on items before “buy one, get one free” (BOGO) promotions and lowered them afterward, misleading shoppers from October 2019 to May 2024.

Context and Scale

Albertsons, based in Boise, runs 225 Washington stores under the Safeway, Albertsons and Haggen banners. The Consumer Protection Act bars unfair practices. The AG’s office says the scheme affected at least 3,190,584 transactions (reported as over three million) and generated roughly $19.7 million in extra revenue, described as “nearly $20 million.” Albertsons previously settled a 2023 Oregon BOGO class-action for $107 million.

Evidence

Examples include a Gig Harbor olive oil bottle rising from $6.99 to $10.99 before a BOGO ad and reverting after, a Colville mini watermelon jumping from $3.99 to $5.99 then returning, and similar spikes for olives, Italian bread and hoagie rolls in Renton, Tacoma and Battle Ground.

Official Statements

Brown said the practice violates the Consumer Protection Act and “fleecs” shoppers, seeking restitution and an injunction. Albertsons said it engaged in good-faith discussions, strongly disagrees with the claims, and attributes the suit to flawed analysis and data errors, while affirming compliance with the law.

Criticism & Opposition

Brown called the BOGO scheme a deliberate price-inflation tactic that misleads consumers; Albertsons called the lawsuit unfounded and based on erroneous data. The AG noted that legitimate BOGO offers are lawful.

Conflicting Reports

The complaint cites “at least 3,190,584” transactions, while other filings say “more than three million.” Revenue estimates range from $19.7 million to “nearly $20 million” and $19,671,244. Calculation methods are not disclosed.

Verbatim Quotes

  • “They’re being told that they’re getting a deal, but in reality, they’re just paying an inflated price for that first item.” — Nick Brown, Washington Attorney General
  • “We’re not going to stand for people getting fleeced by these deceptive practices,” — Nick Brown, Washington Attorney General
  • “We engaged in good-faith discussions with the Attorney General’s Office and strongly disagree with its claims, which are based on flawed analysis and data errors that we identified and raised.” — Albertsons Companies spokesperson
  • “If you’re a regular shopper at a location, and you’re … thinking you’re getting a deal, I think it’s best to ask twice and to be careful.” — Nick Brown, Washington Attorney General

What’s Next

Brown seeks a court order to halt BOGO promotions, award restitution and impose civil penalties with interest. Albertsons says it will contest the case. The ruling will determine whether the pricing practice can continue in Washington.