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31 August 2026

Safeway’s Tempest Over Wine Discounts Survives Motion To Dismiss (Podcast)

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Kelley Drye & Warren LLP

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Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
A court has allowed a lawsuit against Safeway to proceed, challenging whether the retailer's advertised wine discounts were based on genuine former prices. The case examines when promotional pricing crosses the line from legitimate marketing into potentially deceptive practices, raising questions about how retailers substantiate their comparative price claims.
United States Consumer Protection
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When does a wine discount become too good to be true? In this episode, we unpack a court’s decision allowing a lawsuit against Safeway over its wine pricing practices to move forward, after plaintiffs challenged whether the retailer’s advertised discounts were based on genuine former prices. The case highlights a familiar risk in promotional advertising: a ​“sale” price can create legal exposure if the reference price used to show the discount does not reflect the price consumers actually paid for a meaningful period. As the litigation continues, the decision serves as another reminder that retailers should carefully substantiate comparative and former-price claims before raising a glass to their next promotion.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

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