State AG sues Albertsons Companies over alleged misleading "buy one, get one free" promotions

A state agency official announced the Washington State Attorney General's Office filed a lawsuit against Albertsons Companies — the corporate owner of Albertsons, Safeway and (transcript: Hagen) — alleging that the grocery banners used misleading "buy one, get one free" promotions tied to pre-promotion price increases.

The agency official said, "It is a false and misleading marketing campaign," and described an investigation that found retailers raising prices in the days and weeks before advertised promotions and lowering them about 30 days afterward. The complaint alleges the practice affected more than 3,000,000 transactions over a five-year period and estimated the campaign brought in almost $20,000,000 by attracting consumers to stores with those promotions.

The announcement included a concrete example: the official said a store in Gig Harbor increased the price of a bottle of olive oil from $6.99 to $10.99 about a week before a promotion, then returned the price to $6.99 after the advertised deal — an increase the official described as nearly 60 percent. The office listed other commonly purchased items in the complaint, including bread, ice cream, coffee, cereals, supplements and produce.

The official said the suit relies on the Washington Consumer Protection Act and seeks restitution for consumers who were allegedly misled. On the scope of defendants, the official said the complaint targets the parent company that owns the affected banners.

In questions after the announcement, the agency official said the office learned about the pattern through similar plaintiff-driven cases in other states and consumer complaints and used analysts to extrapolate transaction counts and pricing changes across products. Asked about remedies, the official said penalties would be decided by a judge but that the primary goals were to stop the conduct and obtain restitution for Washington shoppers.

Reporters pressed on whether a genuine "buy one, get one free" promotion is unlawful; the official said it is not inherently illegal but that the office alleges the stores deliberately raised baseline prices before promotions to make the advertised deal appear better than it actually was. The official also acknowledged the office is monitoring modern pricing tools, saying the state will examine whether electronic signage, algorithms or individualized pricing produce illegal disparities.

The agency official framed the litigation as part of broader enforcement work, noting Albertsons has faced similar suits in other states and previously settled a proposed class action in Washington in 2023. The official warned that federal consumer-enforcement activity has weakened in recent months and said state enforcement will continue to protect shoppers.

The complaint has been filed; a judge will determine any penalties. The office said it will pursue restitution on behalf of consumers and that the investigation remains ongoing.