Food/Groceries

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Does CVS Have a New “Scan Right Guarantee?”

MrConsumer was shocked to see a counter sign at each register at his local CVS in Massachusetts a few weeks ago that proclaimed:

cvs scan right guarantee

Under the CVS Scan Right Guarantee, if an item scans higher than the shelf price sign or price in their ad, you get the item free up to $4 or you get $4 off if the item was more expensive.

I asked the both the cashier and the manager about it, and they acted like this was the first time they were seeing it.

Checking with the PR folks at CVS, they discovered that the signs were only meant to be posted in California and somehow they had erroneously shown up in Massachusetts. Good thing, in a certain sense, because our price accuracy guarantee (which MrConsumer authored almost 40 years ago) calls for getting up to a $10 grocery item free (or $10 off a higher-priced item) if it scans wrong. Some states like Michigan have their own bounty law for scanning errors. And some other chains have a similar guarantee.

But what’s this California only CVS price guarantee? There is no reference to it all on the CVS website. In 2011, CVS agreed to settle a case brought by the Los Angeles, Riverside, and Ventura county District Attorney’s offices for almost two million dollars. The company also had to establish a price guarantee. Then in 2015 and again in 2018, the same California DAs settled with CVS for another $2.4-million for scanner errors in each of those years.

This all goes to show that we as shoppers need to be vigilant at the checkout to ensure we are charged the price that was represented to us at the shelf.

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UPDATE: San Diego Digital Coupon Ordinance
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Back in April, San Diego passed a city ordinance requiring supermarkets to provide printed versions of digital coupons in-store for the many people who either don’t have or can’t use the internet or smartphones. Then, a few weeks ago, after lobbying by supermarkets, they were about to amend the ordinance in such a way as to make it completely meaningless because it would not apply to any digital coupons offered via the store’s loyalty card program. Councilors did not understand that all digital coupons only work through such programs.

The day before the vote was to take place, MrConsumer wrote to each city councilor explaining that they were about to make a huge mistake. To his surprise, they listened and deleted the exclusion that swallowed up the rule. And they made compliance easier for stores by allowing them to choose one of several methods by which they could offer equivalent in-store savings to those shoppers who don’t use digital coupons. Whewwww!

The San Diego ordinance gets a second reading soon and is slated to go into effect in October.

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Kroger Makes Digital Coupons Easier to Use

For the past three years, consumer groups including Consumer World have called on big supermarket chains to make digital coupons easier to use for seniors, poor folks, and others who either don’t use the internet or smartphones or who are not particularly tech-savvy.

Normally, a shopper has to use the supermarket’s website or app to individually select and load each digital-only offer or coupon onto their store loyalty card account before they shop in order to get the advertised discount.

CherriesConsumer World photo illustration

Now Kroger and some of its various supermarket brands like King Soopers have come up with a simple and cheap solution. They are making available digital deal savings sheets — a “super coupon,” if you will — that is a two-sided piece of paper that you pick up as you enter the store or at the courtesy desk. All that week’s advertised digital deals from the store’s current circular are summarized there, and a small barcode is provided on the back. The shopper need only scan that barcode at the checkout, and then all that week’s advertised digital coupons will be loaded onto the customer’s account and the savings automatically deducted from their bill.

*MOUSE PRINT:

Kroger Digital Deals Sheet (small) Sample Kroger Digital “Super Coupon” (click to enlarge)

Consumer World asked the company for details about which of their chains have implemented these deal sheets, but they did not respond to multiple requests. Nonetheless, we salute Kroger for finally heeding the call to make digital coupons easier to use and available to digitally-disconnected shoppers.

We also asked The Consumerman, Herb Weisbaum, to check the stores in the Seattle area — QFC and Fred Meyer. He reports that both stores had displays of the “super coupons” near the store entrance.

QFC Deals Sheet

If you shop at a Kroger-owned store (Kroger, Baker’s, Dillons, Food4Less, Fred Meyer, Fry’s, Harris Teeter, King Soopers, Mariano’s, Payless, Pick’n Save, QFC, Ralph’s, or Smith’s), please post a comment noting whether your store now has the “super coupon,” and if it was near the store entrance or if you had to request it. (Some locations reportedly are keeping them hidden behind the service desk, believe it or not.)

Kroger’s move follows an initiative by Stop & Shop at the beginning of 2025 to install “Savings Center” kiosks in the front of their 350+ stores where all a shopper need do is scan her loyalty card and then all that week’s advertised digital coupons are automated loaded onto her account.

Some of these efforts by supermarket chains to make digital coupons easier to use are the result of consumer complaints by customers, the advocates’ campaign to end digital discrimination, and legislative efforts requiring that non-digital alternatives be offered.

In regard to legal initiatives, San Diego’s new ordinance that requires supermarkets to make available printed versions of digital coupons in the store just hit a road block because retailers are opposed it. They lobbied for an amendment that would completely gut the new requirement. See Coupons in the News. It is scheduled for a new hearing this week. Stay tuned.

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UPDATE
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Without going into great detail here, MrConsumer wrote to the entire San Diego city council pointing out the issue with their proposed amendment. And they listened and voted approval of a revised amendment. Now stores need provide “an in-store alternative” for all publicly available digital-only deals and digital coupons (instead of the only option being printed versions of digital coupons). They dropped the explicit exclusion of digital offers in store loyalty programs that would have been fatal to the original amendment. The new ordinance gets a second reading soon, and goes into effect in October.

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Mondelez Sues Aldi Over Lookalike Cracker Packages

Mondelez, the maker of many famous cookie and cracker brands like Oreo, Chips Ahoy!, Ritz, and Wheat Thins is suing Aldi, the deep discount retailer, for deceptive practices in that Aldi’s store brand versions of these products look confusingly similar to the famous brands. [See lawsuit.]

Mondelez vs. Aldi crackers

For example, with respect to Oreos, the Mondelez lawyers assert:

*MOUSE PRINT:

Mondelez has spent hundreds of millions of dollars in the last five years alone in connection with advertising and promoting its goods featuring the OREO Trade Dress [the design and appearance of the packaging] in the United States market and has enjoyed substantial sales and success. To benefit from the reputation, fame and prestige of the OREO Trade Dress and exploit Mondelez’s marketing effort, [Aldi] is marketing and selling private label packaged cookie sandwiches using packaging that blatantly copies the distinctive and iconic elements of the OREO Trade Dress. Aldi adopted the Infringing Sandwich Cookie Packaging with knowledge of Mondelez’s prior rights in the OREO Trade Dress and with intent to mislead or confuse consumers into believing that Defendant’s goods are provided, sponsored, or approved by, or affiliated with, Mondelez.

Of course, Aldi is not the only company that makes their store brands look similar to the name brand they are imitating.

Mondelez lookalikes

Mondelez is alleging trade dress infringement, trademark dilution, and unfair competition.

What do you think? Are shoppers misled into thinking they are buying the name brand at Aldi when they are really purchasing the store brand? Do the lookalike packages somehow imply they are made by or endorsed by the name brand?