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UPDATE: Kraft Heinz has agreed to a $16 million settlement in the Maxwell House serving size class action lawsuit. Read more here.
Kraft Heinz has been hit with a Maxwell House class action lawsuit alleging that the products’ serving size and advertised number of servings are misleading.
According to plaintiff Kimberly E. Ferron, Maxwell House coffee products are marketed with misleading representations about serving size and the number of servings contained within a product. Ferron, who purchased Maxwell House Master Blend and Yuban Traditional Roast Ground Coffee in May of this year, was allegedly misled by these statements and deceived into paying more for the products.
Maxwell House products reportedly contain instructions for how to make the coffee, including how much ground coffee is used per serving. According to the product labeling, one tablespoon of Maxwell House coffee will make one serving of coffee. Similarly, a half cup or 8 tablespoons of coffee will make 10 servings of the beverage. These serving sizes are reportedly accompanied with statements that 6 fluid ounces of water should be used per 1 tablespoon of coffee.
According to these serving sizes, Maxwell House products are represented to make between 180 and 210 suggested-strength servings.
“Based on this prominent labeling and based on the brewing instructions contained on the Products, a consumer purchasing this Products would reasonably believe that the Products could be used to brew a certain number of 6 fluid ounce cups of coffee when following either of the alternative label instructions,” the Maxwell House class action lawsuit states.
However, despite these representations, Ferron contends Maxwell House products cannot actually make the advertised number of cups.
Following the instructions to use 1 tablespoon per 6 ounces of water, a full container of Maxwell House coffee is allegedly incapable of making between 180 and 210 servings. Instead, the amount of coffee in the container makes far fewer servings than advertised.
Ferron argues that manufacturer Kraft Heinz could bring its labeling up to par by not providing directions to use 1 tablespoon of coffee per 6 fluid ounces of water followed by representations that the products can make between 180 and 210 servings.
Alternatively, selling the products with accurate representations about the number of cups made by the product would also result in truthful and accurate labeling.
According to the Maxwell House class action lawsuit, Ferron and other consumers relied on representations that they could make between 180 and 210 servings with the products they purchased. Because these representations were false, the consumers allegedly overpaid for the products and therefore were financially injured.
“Since Plaintiff purchased the Product as a product advertising itself as being capable of brewing specific numbers of 6 fluid ounce cups of coffee, and that was not the case, Plaintiff was damaged in proportion to the servings of coffee not received from each of the Products,” the Maxwell House class action lawsuit contends.
Ferron further argues Kraft Heinz knew or should have known it could sell its products for a higher price by misrepresenting the amount of servings in a container of coffee. As such, the coffee serving size representations were allegedly made with the intent to deceive consumers.
The plaintiff seeks to represent a Class of consumers who purchased Maxwell House coffee products within the last four years. On behalf of herself and the proposed Class, Ferron seeks actual damages, interest, other equitable relief, court costs and attorneys’ fees.
The Maxwell House class action lawsuit was initially filed in Florida state court but was later removed to federal court by Kraft Heinz.
This is not the first class action lawsuit Kraft Heinz has faced regarding its serving sizes.
The company was hit with another class action lawsuit in August arguing that consumers are misled by the purported serving size of Maxwell House coffees. Allegedly, these serving sizes are relied upon by purchasers — consumers who end up disappointed when their Maxwell House products make less coffee than advertised.
Similar allegations have been filed this year against Folgers and Kroger. Both companies are accused of inflating coffee serving sized to mislead consumers.
Did you purchase Maxwell House coffee products? Did you rely on representations about the products’ serving sizes? Share your experiences in the comment section below.
Ferron and the proposed Class of coffee purchasers are represented by Lydia S. Zbrzenznj and Nicholas T. Zbrzenznj of Southern Atlantic Law Group PLLC, along with Howard W. Rubenstein and Joel Oster of the Law Office of Howard W. Rubinstein.
The Maxwell House Serving Size Class Action Lawsuit is Kimberly E. Ferron v. Kraft Heinz Foods Company, Case No. 0:20-cv-62136-RAR, in the U.S. District Court for the Southern District of Florida.
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