A San Francisco woman is suing Safeway over tainted eggs, according to a class-action suit filed on Wednesday.
Jennifer Rosen, 40, jointly filed a lawsuit against the Pleasanton-based grocery store chain for not doing all it could to tell her about eggs eaten by Rosen, her husband, and their two small children last year that may have had salmonella.
"When I had my husband check the numbers on the carton, I couldn't believe we had contaminated eggs," Rosen said in a statement.
The lawsuit, which was filed in Alameda County Superior Court, alleges that Safeway failed to provide adequate notice of recalling dangerous
food to its Club Card-carrying customers.
Customers who sign up for the free cards are asked to provide contact information and are enrolled in a savings program.
Rosen seeks refunds for her family and "similarly situated" customers who have Club Cards, which should have on record who bought recalled products, according to the lawsuit.
"Safeway sends me emails all the time with paperless coupons," Rosen said. "I can't believe they wouldn't text or email me with news of a
recall."
Store chain spokeswoman Teena Massingill said Safeway does its best to let customers know of a recall.
Massingill said the company voluntarily posts recall information on its website, sends out news releases, and used Club Card data to make
automated or personal phone calls about recalls.
But using Club Card information is not an industry norm, and Safeway is not required to use contact information in the cards to tell
customers about recalls, she said.
"Shoppers are not required to provide contact information to obtain a Safeway Club Card," she said. "We consider the information that is
available to determine how best to provide recall information to customers."
Dee Hensley-Maclean, a Montana mother who joined Rosen as a plaintiff in the lawsuit, is suing for not being told after buying Nutter Butter sandwich cookies during a 2008 recall of peanut butter.
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Comments
another community
on Feb 5, 2011 at 2:21 pm
on Feb 5, 2011 at 2:21 pm
I don't purchase my fish, milk or eggs from Safeway for a good reason: I get sick eating Safeway's fish, milk and eggs. I purchase them at either Whole Foods or Costco.
Rosen is providing a pubic service in suing Safeway's "lapse" of utilizing their rewards programs email addresses as a means of notifying customers on recalls. Safeway's spokesperson claims Safeway isn't "required" to notify customers on recalls, well if that industry was better regulated they would be. This is another example of why we need regulation benefiting the general public from many industries. Not all regulations is bad, industries hiding behind the GOP platform of less regulation trend towards less regulation on themselves, instead of he consumer. The General Public is "regulated" to have smog checks, auto insurance, etc., yet the Oil Industry spews out pollutants without oversight. On raining and windy days, the oil refineries spew out their pollutants because it's not measurable because it's diffused by the wind or rain. Just notice this upon rainy days, and learn the next day or so another Oil Refinery releasing their poison in Martinez.
Too often you see recalled products not only at Safeway but at other companies where the product as been discounted or on sale. Moving the bad merchandise down the chain as fast as possible. Safeway should be accountable to this. Next, you'll see Safeway eliminating the rewards program at the advice of their legal team thereby lessening their role of the means of notifying their customers and the general public of tainted food stuffs. I hope Rosen wins this class action lawsuit.
Another Pleasanton neighborhood
on Feb 6, 2011 at 4:51 pm
on Feb 6, 2011 at 4:51 pm
Cook the eggs! They were not intended to eat raw. Even if eggs are contaminated with salmonella, cooking them will take care of that. We have never gotten sick from eggs, because we always cook them.
And for those who want to be super safe: buy egg beaters, which are already pasteurized.
I think this lawsuit should be dismissed. Safeway notified the public about the eggs, but like other companies, it cannot possibly call each individual customer to let them know!
Registered user
Parkside
on Feb 7, 2011 at 9:24 am
Registered user
on Feb 7, 2011 at 9:24 am
Another gold-digger looking for a fast payout or negotiated settlement. Those evil corporations at it again---they must be punished, along with those business friendly GOP'ers, who want more private sector jobs created.
Did Safeway chickens lay those eggs you improperly prepared, or maybe they were purchased from a grower that is reponsible for any recall notices? Oy, Rosen?
Another Pleasanton neighborhood
on Feb 7, 2011 at 5:08 pm
on Feb 7, 2011 at 5:08 pm
She is not suing for money. She is also not asking Safeway to call customers. Did you read the article? Do you think she was feeding her toddlers raw eggs? Time to read and be informed!
Another Pleasanton neighborhood
on Feb 7, 2011 at 8:32 pm
on Feb 7, 2011 at 8:32 pm
"She is also not asking Safeway to call customers."
Yes she is, (she is asking for contact via email or something so same thing as a call); that is the whole point of her lawsuit, that Safeway did not contact her. Read from the article:
"""Safeway sends me emails all the time with paperless coupons," Rosen said. "I can't believe they wouldn't text or email me with news of a recall."""
" Did you read the article? Do you think she was feeding her toddlers raw eggs? "
If she did not feed anyone raw eggs, then why is she suing? Eggs which are properly cooked, even if they have salmonella in their raw form, CANNOT get you sick, so what is the big deal here? If she wants, she can throw the eggs away once she found out, or get a refund, or simply keep them and cook them thoroughly as it should be anyway. Raw eggs should be handled with the same care as any raw meat, whether it is contaminated or not. This woman is just trying to get attention because there is no issue here. If she fed the eggs to her family and properly cooked them, no one will get sick. If she was negligent and fed raw eggs to her family, that is another issue and not just the store's fault (shared responsibility would apply)
"Jennifer Rosen, 40, jointly filed a lawsuit against the Pleasanton-based grocery store chain for not doing all it could to tell her about eggs eaten by Rosen, her husband, and their two small children last year that may have had salmonella."
Amador Estates
on Mar 13, 2011 at 6:07 pm
on Mar 13, 2011 at 6:07 pm
I wonder how many Safeway employees or executives are trolling this site and countering comments defending Safeway. Whole Foods CEO was reported to have altered blogs and comment boards while impersonating someone else. Corporate espionage isn't new. Remember, Safeway's headquarters is based in Pleasanton. It's only a matter of time, that Safeway's Rewards Program is quietly halted thereby relieving Safeway of potential liabilities and ownership of controlling and safeguarding consumers from tainted and/or recalled foods. You watch and see how honorable Safeway projects itself to be.