Folgers Faces a Potential Lawsuit Over How Many Cups of Coffee Their Canisters Actually Produce
Written by AskTheLawyers.com™
Written by AskTheLawyers.com™
The Folger Coffee Company in addition to others is facing a proposed class action lawsuit over alleged “deceptive advertising and labeling” on behalf of lead plaintiff Ellen Moser and all others similarly situated. According to the complaint, there could be significantly less “Folgers in your cup” than consumers have been led to believe.
The complaint alleges that Folgers has grossly exaggerated the amount of coffee each canister contains.
According to the packaging on Folgers 30.5 ounce containers of Classic Roast ground coffee, the consumer is supposed to be able to make up to 240 cups of coffee at 6 ounces each. Moser argues that the amount of coffee that can be feasibly produced from this container isn’t even close to 240 cups worth. In fact, based on the calculations discussed further into the complaint, the actual amount of coffee in this canister can allegedly only produce 173 cups of coffee. This lawsuit goes on to compare the relative amount of coffee a variety of Folgers canisters can each allegedly produce to the amount the description on the container claims.
Moser says she would have paid significantly less for the product had she realized it did not make the represented number of servings.
This proposed lawsuit revolves around the idea that had the plaintiff and others similarly situated been aware of how much coffee the container could really produce, they would not have paid so much for it or would have purchased a different product altogether. The amount paid for the 30.5 ounce canister of Folgers coffee in this instance was $6.96 at a Walmart in Antioch, Illinois. However, the 30.5 ounce canister is not the only Folgers product allegedly subject to deceptive business practices, as the lawsuit points out the products at issue cover a wide variety of Folgers coffee.
The lawsuit is seeking a variety of damages on behalf of the proposed class.
While $6.96 might not seem like a lot of money, the lawsuit goes on to point out the recurring harm which the lead plaintiff and others in the proposed class could suffer. According to the official complaint, as someone who regularly shops at stores where Folgers coffee is sold, “..she would like to continue purchasing Folgers ground coffee products because she likes the taste.”
The complaint is seeking both injunctive relief prohibiting Folgers from continuing these alleged false business practices, as well as an award of monetary, compensatory, and punitive damages to the plaintiff and class. If the proposed class action is approved, it will go on to a jury trial to decide whether or not Folgers is liable for the allegations contained therein, and if so, what damages are compensable. If this class succeeds, it could set up an interesting precedent for similar lawsuits in the future from other companies selling canister-based make-at-home products.