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Folgers Coffees Promise More Cups Than Delivered Class Action

When consumers buy coffee, the number of ounces in the container may not tell them much about how long it will last. More useful is the number of cups the coffee contents will make, and many coffee companies put this estimated number prominently on the container. The complaint for this class action brings suit against the JM Smucker Company and its Folger Coffee Company, alleging that the number of cups their Folgers coffee containers promise are severe underestimations.

A class and a subclass have been defined for this action.

  • The Nationwide Class is all persons who bought any of the coffee products at issue in the US during the applicable statute of limitations period.
  • The Texas Subclass is all persons who bought any of the coffee products at issue in Texas during the applicable statute of limitations period.

Folgers is one of the largest-selling ground-coffee products in the US. Although the company has been around since 1850, the coffee became popular in the 1980s with its advertising jingle, “The best part of waking up is Folgers in your cup.”

The plaintiff in this case, Geoff Thomson, buys Folgers coffees at his local supermarkets, usually Folgers Classic Roast. According to the complaint, he saw and believed the claim on the 30.5-ounce Folgers Classic Roast can he usually bought that said, “Makes Up to 240 6 Fl Oz Cups.”

The complaint shows an image of the container with the “240” promise clearly showing in a white circle on its front label. The number of cups varies with the particular product, but each container shows some estimate of the number of cups it purportedly can make.

On the back of each product are the instructions for making the coffee, which recommend that the customer use a tablespoon of ground coffee per six-ounce serving of coffee. The complaint claims that a tablespoon of coffee weighs roughly 0.15 ounces. At that rate, a 30.5-ounce cannister of coffee would make only 203 six-ounce cups. To make the promised 240 servings, the complaint says, the cannister would have to contain 36 ounces of ground coffee.

The complaint’s calculation is that the Classic Roast container makes 15% fewer cups of coffee than the label promises. The calculation for other coffees in the same line averages out to 20% fewer cups than the labels promise.

The complaint alleges that when consumers buy the coffees, they don’t know how much a tablespoon of coffee weighs and they cannot make the calculation required to check on the number of cups promised, and they also are not going to count up the number of cups they make from a container. They must therefore trust the representation on the front label.

The counts include breach of warranty, common law fraud, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Folgers Coffees Promise More Cups Than Delivered Complaint

January 8, 2021

When consumers buy coffee, the number of ounces in the container may not tell them much about how long it will last. More useful is the number of cups the coffee contents will make, and many coffee companies put this estimated number prominently on the container. The complaint for this class action brings suit against the JM Smucker Company and its Folger Coffee Company, alleging that the number of cups their Folgers coffee containers promise are severe underestimations.

Folgers Coffees Promise More Cups Than Delivered Complaint

Case Event History

Folgers Coffees Promise More Cups Than Delivered Complaint

January 8, 2021

When consumers buy coffee, the number of ounces in the container may not tell them much about how long it will last. More useful is the number of cups the coffee contents will make, and many coffee companies put this estimated number prominently on the container. The complaint for this class action brings suit against the JM Smucker Company and its Folger Coffee Company, alleging that the number of cups their Folgers coffee containers promise are severe underestimations.

Folgers Coffees Promise More Cups Than Delivered Complaint
Tags: Deceptive Advertising, Deceptive Labels, Misrepresentation of Production or Capacity