Folgers Class Action Lawsuit Filed Over Coffee Serving Sizes

A consumer class action lawsuit has been filed against Folgers coffee manufacturers, alleging false statements were made in advertisements and product packaging about serving sizes.

The complaint (PDF) was filed by Illinois resident Ellen Moser in the District Court of Illinois on November 30, accusing the Folger Coffee Company and its parent company, J.M. Smucker Co., of grossly exaggerating the number of serving sizes the company’s ground coffee products can yield, alleging one product line is mislabeled by nearly 30%.

The complaint indicates labels on the 30.5-ounce canister of Folgers Classic Roast, indicates it contains 240 6-ounce servings of coffee. However, Moser alleges the product only has enough ground coffee to product approximately 173 6-ounce servings when following the containers instructions, equating to almost 28% less servings than advertised.

Moser claims the false advertising has caused thousands of consumers to spend more money for less than the advertised amounts of coffee, indicating she would have either paid less, or not have purchased the Folgers product at all if correctly labeled.

The lawsuit alleges Folgers and J.M. Smucker Co violated state consumer protection laws and the Magnuson-Moss Warranty Act.

“Throughout the statute of limitations period, Defendants have sold the Folgers ground coffee products to consumers based on the representation that they contain enough ground coffee to make up to a specific number of servings. However, by following Defendants’ own definitions and instructions, the Folgers ground coffee products do not contain nearly enough ground coffee to make the number of servings represented.,” the lawsuit states. “Indeed, it is a classic and unlawful bait-and-switch scheme that causes unsuspecting consumers to spend more money for less than the advertised amount of coffee they believe they are purchasing.”

Moser indicates the number of impacted consumers led her to seek class action status, predicting there are thousands of consumers in the proposed class.

The lawsuit is one of several complaints filed against coffee manufacturers and their distributors in recent months, each raising similar allegations of misleading portion sizes. In July, class action lawsuits filed against Great Value, Food Lion, Hannaford, Market Pantry, and other ground coffee brands reached a settlement of up to $20 million.

A similar lawsuit against Maxwell House has been stayed until January 2021 to allow time to reach a settlement, and a similar, but separate, lawsuit against Kraft Heinz has been transferred to federal court.