fbpx

Big Lots Arabica Colombian Coffee Number of Cups New York Class Action

Big Lots, Inc. sells products under its private brand, Fresh Finds. One such product is Fresh Finds 100% Arabica Medium-Dark Roast Colombian Coffee, which comes in 24.2 (686g) cans. On the back of the can is a claim that each “serving” of coffee is 6 fluid ounces and the claim that the cannister contains enough ground coffee to make up to 210 servings. But the complaint alleges that the cannister of coffee will make only around 152 cups.

The New York Class for this action is all persons in New York who bought the product during the applicable statutes of limitations.

Big Lots initially sold lots of close-out items that it got at large discounts. It has since gone on the sell brand-name and its own private-label products, in food, furniture, seasonal items, electronics, food, and other consumer items. The coffee at issue in this case is one such private-label item.

On the back of the coffee can are instructions for making the coffee, which ask for a tablespoon of ground coffee for each 6 fluid ounce cup or serving of coffee. The back label also bears the words, “This cannister makes up to 210 suggested strength 6 fl oz servings.” The complaint alleges that this representation is “false, deceptive, and misleading.”

According to the complaint, “Independent laboratory analysis determined that the Product could only make 152 cups of coffee, when the instructions were followed.” This is 58 fewer cups, or 28% fewer cups, than the label promises.

The complaint alleges, “No reasonable consumer will expect the number of cups was closer to 150 than 210.” Consumers who simply see the product in a store will not be aware that the cannister’s capacity is so much lower than advertised, the complaint says.

Why did the company so far overestimate the number of cups? The complaint alleges, “By labeling the Product in this manner, [Big Lots] gained an advantage against other companies, and against consumers seeking to purchase a product that made the number of cups promised, or a small number above or below this figure.”

Since the cannister did not make anywhere near the promised number of cups, the complaint claims that its real value “was materially less than its value as represented” by Big Lots.

The complaint contends, “The Product is sold for a price premium compared to other similar products, no less than approximately $6.00 for 24.2 oz (686g), a higher price than it would otherwise be sold for, absent the misleading representations and omissions.”

The counts include violation of the New York General Business Law Consumer Protection Statute, breaches of warranties, negligent misrepresentation, fraud, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Big Lots Arabica Colombian Coffee Number of Cups New York Complaint

November 11, 2021

Big Lots, Inc. sells products under its private brand, Fresh Finds. One such product is Fresh Finds 100% Arabica Medium-Dark Roast Colombian Coffee, which comes in 24.2 (686g) cans. On the back of the can is a claim that each “serving” of coffee is 6 fluid ounces and the claim that the cannister contains enough ground coffee to make up to 210 servings. But the complaint alleges that the cannister of coffee will make only around 152 cups.

Big Lots Arabica Colombian Coffee Number of Cups New York Complaint

Case Event History

Big Lots Arabica Colombian Coffee Number of Cups New York Complaint

November 11, 2021

Big Lots, Inc. sells products under its private brand, Fresh Finds. One such product is Fresh Finds 100% Arabica Medium-Dark Roast Colombian Coffee, which comes in 24.2 (686g) cans. On the back of the can is a claim that each “serving” of coffee is 6 fluid ounces and the claim that the cannister contains enough ground coffee to make up to 210 servings. But the complaint alleges that the cannister of coffee will make only around 152 cups.

Big Lots Arabica Colombian Coffee Number of Cups New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Misrepresentation of Number of Servings