Vons to Stand Trial in Overcharging Case

Supermarket giant Vons is set to stand trial next year for allegedly overcharging customers at a Santa Monica store.

The city attorney filed a misdemeanor criminal complaint against the Pleasanton, Calif.-based company after a routine inspection of the checkout scanner at its Pavilions market on Montana Avenue found that about 30% of 20 items purchased on one trip were rung up at higher prices than labeled.

Deputy City Atty. Adam Radinsky said Vons, a unit of Safeway Inc., could have settled with the city, paid fines and avoided a trial but chose to go to court. Trial has been set for Feb. 6 in Los Angeles County Superior Court.

A Vons spokeswoman declined to comment on the case, referring all calls to the company’s attorney, who did not return numerous phone calls.

“Generally with these kinds of cases their excuse is they didn’t bother to take down the sales tags in time once computers have been set to the real price,” Radinsky said.

Vons had been convicted in Santa Monica of overcharging customers after previous scanner inspections, Radinsky said. However, the chain is far from the only reported violator.

A Los Angeles County scanner survey this year found that shoppers were overcharged for one or more items at 34% of the 537 retail stores surveyed.

Radinsky said Santa Monica did not single out Vons. The city makes a practice of pursuing litigation against all retail establishments found during such inspections to be overcharging.

Violators must either settle with the city and pay a $2,700 fine for each item or go to court.

The Los Angeles County Department of Agriculture and Weights and Measures -- the agency that conducts the undercover scanner inspections -- has this year beefed up its Buyer Beware Program. The agency has hired more inspectors and enforced a new “scarlet letter” ordinance approved by the Board of Supervisors that requires retailers convicted of overcharging to post a notice in their windows.

During a hearing last week, Vons argued to a Los Angeles County Superior Court judge that because it was once acquitted of charges in a similar L.A. County case, and separately found not to be in violation by an administrative hearing officer in Ventura County, it should be barred from prosecution on the latest charges.

Judge Bernard Kamins disagreed, turning down Vons’ motion to dismiss the complaint .

Santa Monica has accused Vons of six counts of violating the state business code by charging higher than the posted sales price. Another count alleges that Vons disseminated false and misleading advertising.