Safeway Tuna

May 2017: This action was voluntarily dismissed after the parties reached a settlement agreement. The agreement does not provide monetary relief to class members and indicates that Safeway has applied to participate in a “Temporary Marketing” permit, which, if granted, will allow it to continue marketing canned tuna without changing the amount of tuna in cans. The named plaintiffs’ claims were dismissed with prejudice and the class members’ claims were dismissed without prejudice.

July 2016: A federal judge dismissed one of the claims in this lawsuit (i.e., the negligent misrepresentation claim). Other claims, including claims alleging false advertising, will move forward.

April 2016: A Consolidated Class Action Complaint making similar allegations (i.e., that cans of tuna are underfilled and underweight) was filed. (In Re Safeway Tuna Cases, Case No. 15-cv-5078, N. D. CA.)

November 2015: A class-action lawsuit was filed against Safeway for allegedly misrepresenting the amount of tuna in its cans, including 5-ounce cans of Chunk Light Tuna in Water and 5-ounce cans of Solid White Albacore Tuna in Water, by underfilling them. The complaint also alleges that government testing revealed that the 5-ounce cans did not contain enough tuna to meet federal requirements. (Soto et al v. Safeway Inc., Case No. 15-cv-5078, N. D. CA.)

For more information about other class-action lawsuits regarding slack-filled packaging and’s coverage of the issue, click here.

For more information about other class-action lawsuits regarding tuna products and’s coverage of them, click here.


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When a complaint is dismissed with prejudice, it cannot be refiled.

When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.

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