Safeway thought it was getting Theranos tech. Instead it got a mess.

Former Safeway CEO Steve Burd, who negotiated a key partnership to put Theranos testing in Safeway pharmacies, testified Wednesday at Elizabeth Holmes' fraud trial.

A Safeway store sign

Theranos promoted Safeway as a key partner.

Photo: Smith Collection/Gado/Getty Images

Former Safeway CEO Steve Burd had big visions for how Theranos' blood testing would fit into his grocery store empire. With results promised within 30 minutes, he could imagine customers getting a blood test, doing their grocery shopping and maybe even having a prescription from their doctor filled at the pharmacy based on the readings before they even left the store.

"This notion of getting results and getting a prescription possibly before leaving the store, we knew it would be appealing to customers," the former CEO testified in a San Jose courtroom Wednesday as part of Elizabeth Holmes' ongoing fraud trial.

By the end of 2012, nearly two and a half years after Safeway and Theranos inked a contract and well past the initial January 2011 launch pilot date, there wasn't a single Theranos device inside a Safeway store.

"When I try to envision the Theranos 'to do' list, the work that remains to be done appears nothing short of daunting," Burd wrote in a December 2012 email to Holmes, Theranos' founder and CEO. "I am not sure when or how it gets done."

Ultimately the deal would fizzle out in 2015 with no blood test reportedly ever offered in a Safeway location.

Prosecutors didn't reach the conclusion of Burd's testimony, which will continue next Tuesday. Instead, Burd testified to how he was lured in by Holmes' charisma to invest millions into the company and building clinics inside Safeway labs, only to face a series of delays and growing frustrations.

Holmes is facing 10 counts of wire fraud and two counts of conspiracy to commit wire fraud for her actions as CEO and founder of Theranos. She has pleaded not guilty, and her defense has argued she was a young and naive CEO who surrounded herself with other smarter people.

Burd, though, found Holmes to be competent and in charge and in no way deferential to Sunny Balwani, Theranos' president and also her boyfriend at the time.

"She never looked at Sunny to see what he might be thinking. She answered the questions herself," Burd said.

Burd had wanted to meet with Holmes since 2010 when he first heard that Safeway's health division was talking to the young blood-testing startup, and wanted to strike a deal to make it a key part of Safeway's wellness play.

Prosecutors for the U.S. government displayed slides from a 2010 board meeting deck that described the "disruptive technology opportunity." One slide promised that it was a "full diagnostic blood, saliva and urine lab in a box" with test results in 20 minutes. In another claim, Burd said Holmes had represented that Theranos was "currently cash flow neutral with a client base of pharmaceutical companies." (Earlier testimony from controller Danise Yam showed that Theranos lost money and faced dwindling revenues.)

In its earliest timeline, the company had wanted to launch "under the radar" in rural Washington state by the end of 2010 and roll out an initial pilot in Northern California by January 2011.

Safeway anticipated an $85 million financial commitment, including a $55 million cash investment in Theranos and $30 million to remodel stores. "That number ended up being very low" because they had to do more extensive remodeling, Burd said. (News reports from 2015 peg it at closer to $350 million ultimately spent, although that went unconfirmed in Wednesday's court testimony.)

In September 2010, Burd and Safeway ended up signing a deal with Theranos to install its machines in clinics at its stores. Prosecutors showed that in the paperwork for the agreement, Theranos described itself as having developed "and is developing, generations of 'mini-lab' [sic] devices that can run any blood test in real-time for less than the traditional cost of central lab tests." At the time, Burd said he was not told that a single test hadn't been validated for patient use on the Theranos proprietary devices.

There were signs of concern. At a board meeting, Holmes had brought in a device and took a Safeway board member's blood for a routine prostate test. The machine "made a bunch of noise" but never returned a result.

Theranos also kept delaying the launch. The only technical issue Theranos had raised was that they were trying to work out how to stack devices on top of each other while managing heat. Burd offered up Safeway engineers who knew about heating and cooling as help, but Holmes declined.

Holmes had also at one point blamed the work the company was doing with its Department of Defense contracts as part of the delay, although earlier testimony from General James Mattis revealed that, to his knowledge, Theranos devices had never been used in combat or on helicopters like she had told Burd.

Safeway eventually launched a pilot on its own corporate campus after Theranos kept delaying in-store launches. "We were far into this thing, but we'd never really seen the box work," Burd said.

Even with the pilot on campus, he wasn't aware that Theranos wasn't using any of its devices in the patient blood-testing lab.

"If they were using standard machines only, then all we were testing was the phlebotomist's ability to prick a finger and draw blood," he said.

Holmes would later unveil a version of the device as the Theranos "miniLab" at a 2016 medical convention.

Burd's testimony will continue next week. See Protocol's complete Theranos trial coverage.


An IPO may soon be in Notion’s future

Notion COO Akshay Kothari says there’s room to grow, aided by a new CFO who knows how to take a company public.

Notion has hired its first chief financial officer: Rama Katkar.

Photo: Courtesy of Notion

It’s been a year since Notion’s triumphant $275 million funding round and $10 billion valuation. Since then the landscape for productivity startups trying to make it on their own has completely changed, especially for those pandemic darlings that flourished in the all-remote world.

As recession looms, companies looking to cut costs are less likely to spend money on tools outside of their Microsoft or Google workplace bundles. Enterprise platforms are bulking up and it could spell trouble for the productivity startups trying to unseat them. But Notion COO Akshay Kothari says the company is still aiming to build the next Microsoft, not be the next Microsoft. And in a move signaling a new chapter of maturity, Notion has hired its first chief financial officer: Rama Katkar, Instacart’s former VP of finance.

Keep Reading Show less
Lizzy Lawrence

Lizzy Lawrence ( @LizzyLaw_) is a reporter at Protocol, covering tools and productivity in the workplace. She's a recent graduate of the University of Michigan, where she studied sociology and international studies. She served as editor in chief of The Michigan Daily, her school's independent newspaper. She's based in D.C., and can be reached at

Sponsored Content

Great products are built on strong patents

Experts say robust intellectual property protection is essential to ensure the long-term R&D required to innovate and maintain America's technology leadership.

Every great tech product that you rely on each day, from the smartphone in your pocket to your music streaming service and navigational system in the car, shares one important thing: part of its innovative design is protected by intellectual property (IP) laws.

From 5G to artificial intelligence, IP protection offers a powerful incentive for researchers to create ground-breaking products, and governmental leaders say its protection is an essential part of maintaining US technology leadership. To quote Secretary of Commerce Gina Raimondo: "intellectual property protection is vital for American innovation and entrepreneurship.”

Keep Reading Show less
James Daly
James Daly has a deep knowledge of creating brand voice identity, including understanding various audiences and targeting messaging accordingly. He enjoys commissioning, editing, writing, and business development, particularly in launching new ventures and building passionate audiences. Daly has led teams large and small to multiple awards and quantifiable success through a strategy built on teamwork, passion, fact-checking, intelligence, analytics, and audience growth while meeting budget goals and production deadlines in fast-paced environments. Daly is the Editorial Director of 2030 Media and a contributor at Wired.
Securing the Enterprise

Securing the enterprise

There’s no let-up in the surge of cyberattacks against businesses. But shutting down the hackers will require many enterprises to evolve their strategy.

In today’s enterprise, “identity and security are very merged.”

Illustration: iStock/Getty Images Plus; Protocol
the Protocol team
Protocol focuses on the people, power and politics of tech, with no agenda and just one goal: to arm decision-makers in tech, business and public policy with the unbiased, fact-based news and analysis they need to navigate a world in rapid change.

How neobanks are helping consumers game credit scoring

The CFPB says it is closely monitoring secured credit cards offered by neobanks.

Regulators are scrutinizing neobanks' card offerings.

Photo: Oscar Wong/Moment/Getty Images

About one in six Americans has a credit score below 619, according to the CFPB. Another 23% have too thin a credit file to score or no file at all. That puts them in a credit trap: To build credit, these consumers need someone to give them a line of credit with which they can demonstrate good financial habits. But with scores that low, few lenders are prepared to offer them anything.

Neobanks say they can solve the problem through a new twist on secured credit cards. But regulators are already scrutinizing their offerings.

Keep Reading Show less
Veronica Irwin

Veronica Irwin (@vronirwin) is a San Francisco-based reporter at Protocol covering fintech. Previously she was at the San Francisco Examiner, covering tech from a hyper-local angle. Before that, her byline was featured in SF Weekly, The Nation, Techworker, Ms. Magazine and The Frisc.


Steel decided World War II. Chips will decide whatever is next.

“Chip War: The Fight for the World’s Most Critical Technology” foreshadows the coming battle between nations over semiconductors.

“Chip War” outlines the nature of the coming battle over semiconductors, showing how the power to produce leading-edge chips fell into the hands of just five companies.

Image: Scribner; Protocol

“World War II was decided by steel and aluminum, and followed shortly thereafter by the Cold War, which was defined by atomic weapons,” Chris Miller, a professor at Tufts University’s Fletcher School of Law and Diplomacy, writes in the introduction to his latest book. So what’s next? According to Miller, the next era, including the rivalry between the U.S. and China, is all about computing power.

That tech rivalry and the story of how the chip industry got from four to 11.8 billion transistors are all part of Miller’s book, “Chip War: The Fight for the World’s Most Critical Technology,” which comes out Oct. 4. “Chip War” outlines the nature of the coming battle over semiconductors, showing how the power to produce leading-edge chips fell into the hands of just five companies: three from the U.S., one from Japan, and one from the Netherlands.

Keep Reading Show less
Hirsh Chitkara

Hirsh Chitkara ( @HirshChitkara) is a reporter at Protocol focused on the intersection of politics, technology and society. Before joining Protocol, he helped write a daily newsletter at Insider that covered all things Big Tech. He's based in New York and can be reached at

Latest Stories