Robbie Hargett Jan. 26, 2016, 5:27pm


SAN FRANCISCO (Legal Newsline)—An Irvine, California resident is suing a supermarket chain over claims it under-fills its tuna cans.

Heney Shihad, individually and for all others similarly situated, filed a class-action lawsuit on Jan. 8 in U.S. District Court for the Northern District of California against Safeway, Inc. and Does 1-25, alleging breach of express and implied warranties, fraud, negligent misrepresentation, and violations of California's Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law.

The suit alleges Safeway's 5-ounce cans of Safeway brand Solid White Albacore Tuna in Water, 5-ounce cans of Safeway brand Chunk Light Tuna in Water and 5-ounce cans of Open Nature brand Chunk Light Tuna in Water do not comply with federally mandated minimum standards.

The suit claims independent laboratory testing has determined Safeway regularly under-fills its cans of the above products, yet still falsely labels and markets them as legally compliant 5-ounce cans.

The under-filled and under-weight tuna cans allegedly deprive Shihad and other class members of the legally required benefit of their tuna purchases.

Shihad and others in the class seek compensatory and punitive damages, interest, restitution and other equitable monetary relief, injunctive relief, attorney fees, and costs of the suit, together to exceed $5 million. They are represented by attorney Reuben D. Nathan of Nathan & Associates in Newport Beach, California; and by attorney Ross Cornell in Long Beach, California.

U.S. District Court for the Northern District of California Case number 3:16-CV-00114-CRB

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U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102

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