PORTLAND, Ore. (Legal Newsline) – There’s no deal on Swisher Sweets at Walgreens, a class action lawsuit complains.
The case, filed earlier this year in Oregon’s Multnomah County, says Walgreens advertises a 5-for-3 deal on the little cigars but doesn’t deliver. Walgreen Co. removed the case to Portland federal court on March 15.
Though three packs of $.99 Swisher Sweets should cost no more than $3, consumers were charged $4 to $5, the lawsuit claims, in violation of the Unfair Trade Practices Act.
“Walgreen knew that individual units of the 5-packs of tobacco products at issue were sold at a cost of 99 cents throughout Oregon, or were otherwise unavailable at Walgreen,” the suit says. “Walgreen received notice that its 5-pack tobacco advertisements potentially violated Oregon law and Walgreen continued to promote the advertisement anyway.
“Walgreen was intimately familiar with the UTPA because it had been actively defending a separate UTPA advertising class action in Oregon at the time of its violations in this case.”
Michael Fuller of OlsenDaines is representing the proposed class.