On April 27, 2026, Washington’s attorney general (AG) filed suit against Albertsons and Safeway, accusing the grocery chains of inflating prices before “buy one, get one free” (BOGO) promotions — allegedly pocketing nearly $20 million from unsuspecting shoppers. The complaint, filed in King County Superior Court, alleges roughly 3.1 million transactions were affected between October 2019 and May 2024.
According to the complaint, the grocers allegedly raised prices on BOGO items in the weeks or months leading up to promotions, then, according to the state, lowered them again once the deals ended. The state alleges that customers never actually received a free product. In one example, the state alleges that mini watermelons at one store were raised from $3.99 to $5.99 just before a BOGO event, and that the price returned to $3.99 afterward. The state alleges that similar pricing appeared across other products, with pre-promotion price hikes allegedly ranging from 16% to 84%.
Washington alleges the conduct violates both its Consumer Protection Act and its pricing transparency law, and is seeking civil penalties, disgorgement of profits, and customer restitution. Albertsons has denied the claims, calling the AG’s analysis flawed.
Why It Matters
This case is a reminder that companies must routinely review their promotional pricing strategies when offering promotions and other advertised deals. As regulators and consumers grow more sophisticated about pricing data, retailers should ensure their promotional practices can withstand scrutiny.
