Kroger Unit Adds Non-Refundable Bottle Deposits, Suit Says

Kroger unit Fred Meyer overcharges Oregon customers by collecting bottle deposits on drink containers that can’t be returned for a refund, a new proposed class suit alleges.

The retailer’s pricing practices violate Oregon’s consumer protection laws, Elisha Solano and others say in a suit filed in the U.S. District Court for the District of Oregon.

Oregon’s bottle law requires stores to charge a 10-cent refundable deposit for most beverages sold in sealed glass, metal, and plastic bottles or cans.

Stores may charge the 10-cent deposit in addition to the drinks’ advertised prices, the complaint says.

Customers get their deposits back when they return their empty containers.

The law exempts certain drinks from the deposit requirement, including products sold in cartons, drink boxes, and foil pouches, the complaint says.

Solano and others say they bought exempt drinks at Fred Meyer stores and their receipts showed the deposit charges that weren’t disclosed in the advertised prices.

Solano and the others seek to represent a class of Oregon consumers.

Oregon law permits $200 in statutory damages for every affected customer, the complaint says.

A representative from Kroger wasn’t immediately available for comment.

OlsenDanes represents the plaintiffs.

The case is Solano v. Kroger Co., d/b/a Fred Meyer, D. Or., No. 18-1488, complaint 8/13/18.