A Manitoba woman, who blew the whistle on a case in which Loblaw sold underweighted meat across 80 stores in Western Canada, has filed a proposed class-action lawsuit against the grocery chain over allegations it consistently overcharges for meat and seafood by including the packaging weight in the final price tag.
Plaintiff Iris Griffin’s claim, filed in the Manitoba Court of King’s Bench last week, names Loblaw Companies Ltd., Loblaws Inc., T&T Supermarket Inc. and Provigo Distribution Inc. as defendants.
It alleges that since at least 2023, “rather than weighing only the edible portion, they have included the packaging weight in the prices charged to customers.”
“This practice is deceptive and misleading and violates Canadian food regulations, which require accurate net quantity labelling,” the claim reads in part.
The court filing also alleges the companies have continued the practice, “either deliberately, or at minimum recklessly,” and failed to correct the issue despite consumer complaints, media coverage and reports to the Canadian Food Inspection Agency, “at a time when many are already struggling with the rising cost of food.”
Underweighted meat prompts class-action lawsuit
Griffin says she hopes her challenge in court holds the industry and stores accountable.
“They’re making profit off of the backs of Canadians, one plastic tray at a time,” Griffin said in an interview on Tuesday.
CBC News has reached out to Loblaw for comment.
In November 2023, Griffin purchased ground beef at a Loblaw-owned Superstore in Winnipeg, CBC News reported earlier this year. The Hecla Island resident determined the meat in the package was 134 grams short and that its plastic tray had made up for the missing weight, amounting to an overcharge of almost eight per cent.
Under federal regulations, net weights for packaged food used for pricing can’t include the packaging.
Grocery stores overcharge for meat by including package weight
Griffin’s statement of claim says her complaint to the food inspection agency did not trigger any enforcement action — including fines — or follow-up inspections. It relied “instead on Loblaw’s assurance that the issue had been resolved,” the claim states in part.
About a year later, Griffin shared her experience as part of a CBC News investigation that found packages of underweighted meat being sold in Loblaw locations, along with one store owned by Sobeys and a Walmart.
Loblaw apologized for the errors at the time, saying that it had refreshed its in-store training.
Following the publication of the story, a company spokesperson told CBC that Loblaw was offering a discount on selected meat products at “the impacted stores.” The company did not specify which stores were involved.
The court filing accuses the grocery chain of breach of contract, misrepresentation, unjust enrichment, breach of the federal Competition Act and breach of provincial consumer protection legislation in Manitoba and seven other provinces.
“Loblaw’s conduct violated the trust of consumers to inflate their profits,” the claim alleges.
“Loblaw’s actions are part of a pattern of willful disregard for their customers and the law.”
If certified, a class action would seek general and punitive damages and restitution for affected customers in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Newfoundland and Labrador and Prince Edward Island.
“Punitive damages are necessary to appropriately condemn Loblaw’s actions and serve as a sufficient deterrent to prevent Loblaw from engaging in these practices in the future.”
Another claim for a proposed class action was filed in Federal Court earlier this year against Loblaw, Sobeys and Walmart, alleging they misrepresented the weight of meat products by including the weight of the packaging, or by “other similarly deceptive means.”
