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Consumers File Food Poisoning Lawsuit Against Safeway Inc.

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A U.S. District Court has ruled that a food poisoning lawsuit brought by a group of consumers claiming that Safeway Inc., had a legal obligation to e-mail notices of product recalls ordered by the FDA and the U.S. Department of Agriculture, cannot be put on hold.

In the lawsuit, the plaintiffs allege that they are members of a customer loyalty program in which they provided the supermarket with their names and contact information including their email addresses, and that the supermarket, who uses that same information to promote coupons and sales, should use that information to issue recall notices.

Safeway agued to dismiss the lawsuit, saying the relevant regulatory agencies should consider and adopt rules regarding obligations, and that they are not required to directly notify consumers of these types of issues, and that the FDA is required to make known notice guidelines according to the new Food Safety Modernization Act.

The court, however said the claim will move forward, stating “[T]here is no indication that anything the FDA may choose to do or not do will resolve the claims plaintiffs are making in this action, in whole or in part. [The supermarket] does not suggest there is any substantial likelihood that the FDA will adopt regulations requiring grocers who operate loyalty programs to give notice of recalls in the manner that plaintiffs contend can be compelled under California consumer protection statutes.”
 disclaimer: This article: Consumers File Food Poisoning Lawsuit Against Safeway Inc. was posted on Friday, June 17th, 2011 at 8:12 pm at and is filed under Food Poisoning Lawsuits.

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