Possible class action against Loblaw over meat pricing filed in Manitoba

Beef and meat products are displayed for sale at a grocery store in Aylmer, Que., on Thursday, May 26, 2022. THE CANADIAN PRESS/Sean Kilpatrick

A Manitoba woman has filed a proposed class-action lawsuit against a Canadian food retailer, alleging that Loblaw consistently overcharged consumers for meat and seafood by including the packaging weight in the final price.

The statement of claim filed in Manitoba’s Court of King’s Bench on July 7 lists Iris Griffin of Hecla Island, Man., as the plaintiff and Loblaw Companies Limited, Loblaws Inc., T&T Supermarket Inc. and Provigo Distribution Inc. as defendants.

The claim alleges that “Loblaw has included the weight of packaging in the listed weight of its packaged meat and seafood products” since at least 2023, leading to “systematic overcharging” across the country.

By allegedly including packaging weight in the stated net weight, the claim says that Loblaw has “misled” consumers and violates Canadian food regulations, which requires accurate net quantity labelling.

“The term ‘net weight’ is commonly understood by consumers, and required by law, to mean the weight of the edible product alone.”

The claim said that Griffin noticed the discrepancy after purchasing ground beef at a Real Canadian Superstore in Winnipeg in November 2023. The price is based on the product’s listed net weight multiplied by the unit price.

While weighing the meat into individual portions to be frozen, the court filing said Griffin noticed the weight was incorrect.

“The store had included the weight of the packaging when weighing the beef, resulting in an overcharge of approximately eight per cent,” the claim alleges.

Griffin contacted the manager of the Superstore, and then the meat department manager, who told her the store did not adjust the weight to account for the packaging, per the claim. A friend also attended a different Superstore location in the city who noticed the same issue.

The claim said Griffin reported the incident to the Canadian Food Inspection Agency (CFIA), but “the CFIA did not inspect any Loblaw stores, weigh any meat or take enforcement action, relying instead on Loblaw’s assurance that the issue had been resolved.”

Nearly a year later, the claim said a CBC News investigation found meat was still being weighed with its packaging elsewhere in Canada, resulting in Loblaw admitting the issue affected 80 stores and that it would “refresh in-store training.”

“Details on the scope of the overcharging across the country will be part of the discovery process in the lawsuit,” said David Klein, a lawyer on the class action team.

“The lawsuit seeks to ensure that the Loblaws group has taken appropriate remedial steps and to obtain compensation for customers who were overcharged.”

Error occurred when converting meat tray format: Loblaw

In a statement to CTV News, Loblaw said, “The error happened as we were converting our meat trays to a more environmentally friendly format and was corrected when discovered.”

The food retailer said the issue was specific to a “small number of meat products” sold in select stores in Western Canada, which was disclosed earlier this year.

Since January, Loblaw said they have placed a discount on select meat products in impacted stores, which is visible on customers’ receipts.

If certified as a class action, the lawsuit would seek damages for affected customers in Manitoba, British Columbia, Alberta, Saskatchewan, Ontario, Quebec Newfoundland and Labrador and Prince Edward Island.

“Loblaw’s conduct violated the trust of consumers to inflate their profits,” according to the claim.

“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.”