Defendants artificially increase the price of “buy one, get one” (BOGO) items, only to lower the prices within 30 days after the BOGO promotion.
The Washington State Attorney General’s Office filed a complaint in King County Superior Court on April 27, 2026, against Albertsons Companies, Inc., Albertson’s LLC and Safeway, Inc. The lawsuit alleges the defendants engaged in unfair or deceptive acts and unfair methods of competition in violation of the Consumer Protection Act (CPA). The allegations center on “buy one get one free” (BOGO) promotions at Safeway, Albertsons and Haggen grocery stores in Washington.
The state alleges that between October 2019 and May 2024, the defendants overcharged consumers in at least 3,190,584 transactions. These transactions resulted in up to $19,671,244 in revenue. The complaint states the defendants artificially increased the prices of BOGO items in the weeks or months leading up to a promotion and returned the prices to pre-promotion levels within 30 days after the event ended.
The defendants own and operate 225 retail grocery stores in Washington. According to the filing, the defendants plan BOGO promotions 4 weeks to 1 year before implementation. The average advance planning period for a store to conduct a BOGO ranged from 34.35 days to 185.51 days between October 1, 2019, and June 30, 2024.
Specific instances of price manipulation were cited in the complaint. In Renton, the price of a 7 oz jar of stuffed olives was $2.99 on January 29, 2021. The price was increased 84% to $5.49 for a BOGO promotion starting 2 days later and returned to $2.99 after the promotion concluded. At an Albertsons in Battle Ground, the price of sourdough hoagie rolls was $3.39 on March 7, 2023. The price increased to $4.29 for a promotion starting the next day and was lowered to $2.49 after the promotion ended.
Other examples included a 50% increase for watermelons in Colville and a 57% increase for olive oil in Gig Harbor during BOGO periods. The state claims these practices result in consumers paying a premium rather than receiving a “buy one, get one” free deal.
The complaint notes the defendants have been on notice of these issues since a $107 million settlement in an Oregon class action lawsuit in 2016 and a separate settlement for a 2023 proposed class action in Washington. The state is seeking a permanent injunction, civil penalties for violations, restitution for consumers and reimbursement of legal costs.
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AG gotta pump up revenue for his huge staff of lawyers. They do keep fines received, ar least Fergie did this when he was AG.