Does a Grocer Have a Duty to Warn Loyalty Card Customers of Food Safety Recalls?
5/12/2010

Summary:

Stoel Rives attorney Ken Odza discussed in Food Chemical News whether grocers should be required to disclose food safety recalls to their loyalty card customers. The Center for Science in the Public Interest (CSPI) recently threatened to sue Safeway for its alleged failure to adopt a policy of notifying club card members when they have purchased contaminated food subject to recall.

Odza, who successfully defended a grocer sued for not using loyalty card information to notify consumers about a recall, said CSPI may face an uphill battle in court. "If CSPI plans to bring suit it needs to find (among other things) authority creating a legal duty to use the loyalty card information. I can't speak to the law of all 50 states, but I'm skeptical how many jurisdictions would impose on a retailer a new duty to use loyalty card information for recalls, especially if the loyalty card system was never set-up or intended for this use."

"CSPI threatens suit against Safeway over club cards" was published by Food Chemical News, May 10, 2010.