Sure, but that's intentional and incredibly obvious in the status bar. It tracks your location between when you place an order and when you're close to the restaurant so that you can confirm for them to start the order.
It's not like it keeps tracking you for hours or days afterwards or anything. Same as Uber -- it turns off after your ride is done. The status bar message disappears.
Point is, the app doesn't seem designed to harvest location data. If you pick up an order at the restaurant, they know you were there anyways. Your phone isn't telling them something they don't already know.
Especially since the blue status bar is so obvious. Nobody wants that sticking around on their screen.
What's the difference? One is somewhat difficult to fake, the other is laughably easy.
Not saying it hasn't been attempted somewhere, I'm saying it would be a very weak prosecutor who couldn't cast doubt on it as a piece of "proof"
A defendant using it to create reasonable doubt is a win for the defense. A prosecutor who is only able to cast doubt on it is not a win for the prosecution.
For such apps I prefer to manually terminate them when not using, instead of merely moving them to the background.