Tops Markets Canned Coffee Shortchanges Consumers, Alleges Class Action Lawsuit

A consumer says that Tops Market store brand canned coffee brews much less than the 90 cups advertised in a class action lawsuit lodged in New York federal court this week.  

Lead plaintiff, Deborah-Lee Adams says that lab testing revealed a can of Tops Market “private label” coffee makes, at most, 72 cups – far less than the 90 cups the company advertises to budget-conscious consumers. Adams accuses the company of false advertising and wants to represent Vermont and Pennsylvania consumers who lost out after purchasing Tops brand coffee.  

Tops Market products are sold throughout New York, Pennsylvania, and Vermont. 

“Having been founded almost one hundred years ago, Tops has always been known for high quality, honesty, and value, helping consumers get necessary grocery store staples at affordable prices,” claims the class action lawsuit.  

Indeed, Tops is commonly known for selling “generic” or “store brand” products and in recent years has upped its game, attempting to rival or even exceed the quality of brand-name products under its “private label” selections. Tops Market sells several varieties of canned coffee, including French Roast, Ground Coffee, and Dark Roast, in 11.5-ounce cans. 

Adams, a Vermont resident, says she purchased Tops Market private label ground coffee on several occasions. The plaintiff says that the cans of the product claim “90 CUPS,” but she found she was not able to make anywhere near that amount of coffee.  

Further, Adams is not the only consumer who finds themselves with far less coffee than expected from a Tops Market can, alleges the class action lawsuit. 

“When consumers follow the Product’s directions for use, they will not be able to brew anywhere close to ninety (90) cups,” states the class action lawsuit. “Independent laboratory analysis determined that the Product can only make seventy-two (72) cups of coffee, eighteen (18) fewer cups than promised.” 

The plaintiff alleges that she and other consumers would not have purchased or paid as much for Tops Market coffee had they known it would brew 20 percent less than advertised. Adams says there is no way she or other consumers could have known they were being duped.  

The class action lawsuit accuses Tops Markets of breach of warranty, negligent misrepresentation, fraud, and violating state consumer protection laws.  

Adams seeks to represent Vermont and Pennsylvania residents who were left with less coffee than expected after purchasing Tops brand. Adams wants damages on their behalf, as well as a court order requiring Tops Market to truthfully advertise their canned coffee.  

Do you purchase Tops Markets coffee? We want to hear from you! Tell us about your experience in the comment section below.  

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. and Joel Oster of the Law Office of Howard W. Rubinstein.  

The Tops Markets Coffee Class Action Lawsuit is Adams v. Tops Markets, LLC, Case No. 1:21-cv-00753 in the U.S. District Court for the Western District of New York.  

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