Added Potassium in Starbucks French Roast Class Action

Starbucks Coffee Company sells coffee in bags, including a French Roast that is labeled as being “Ground 100% Arabica Coffee.” But the complaint for this class action alleges that this representation is not true, because, it claims, the coffee also contains potassium to make it less acidic.

Two classes have been defined for this action:

• The New York Class is all persons in New York who bought the products during the applicable statutes of limitations.
• The Consumer Fraud Multi-State Class is all persons in Texas, South Dakota, Wyoming, Idaho, Alaska, Iowa, Virginia, South Carolina, and Utah who bought the products during the applicable statutes of limitations.

According to the complaint, coffee beans are composed of “caffeine (1-2%), coffee oil (10-15%), sucrose and other sugars (about 8%), proteins (about 11%), ash (about 5%), and chlorogenic and caffeic acids (about 6%).” The acids “include malic acid, tannic acid, maleic acid, oleic acid, oxalic acid, caffeic acid, and chlorogenic acid.”

In addition to all these acids, the complaint alleges that when people drink coffee, the caffeine in it causes their digestive systems to produce other acids as well. This naturally causes discomfort for some.

The acidity of coffee generally hovers at a pH of between 4.8 and 5.7. There are a number of ways to reduce this acidity, the complaint alleges, for example, by diluting it or adding milk or cream or adding eggshells while it is roasting.

“Modern deacidification methods include alkaline treatment of coffee beans at elevated temperatures[,]” the complaint alleges, but “this is accompanied by saponification of coffee oils, changing the coffee’s characteristic flavor and aroma.”

The acidity can also be lessened by adding potassium, the complaint claims: “A normal cup of coffee contains about 116 milligrams of potassium.” This is done because, it says, “[t]he addition of potassium is recognized as capable of adjusting the pH of coffee beans to between 5.7 and 6.1, by binding to and neutralizing the naturally occurring acids.” This method has the advantage of keeping the flavor and aroma while taking away the bitterness.

But the complaint alleges that “[r]ecent reports based on laboratory analysis” show greater levels of potassium in the Starbucks French roast than expected.” The complaint speculates that this is most likely intentional, to reduce the acidity or bitterness. But the complaint alleges that added potassium can be a hazard to those with kidney problems, and that drinking too much of it can cause something called hyperkalemia.

The complaint claims that the extra potassium makes the representation of “100% Arabica Coffee” false, deceptive and misleading, because of the added potassium.

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of warranty, Fraud, Unjust Enrichment