Folgers Class Action Says Coffee Canisters Are Mislabeled

A Florida woman has filed a class action lawsuit accusing Folgers of misrepresenting the number coffee servings in its containers.

Plaintiff Marcia Sorin accuses Folgers of “unlawful, unfair, and deceptive business practices” because the company promises a certain number of cups of coffee can be brewed from a package, when in reality the “the can contents cannot produce anywhere near the number of cups represented.”

Sorin says she purchased a canister of Folgers Classic Roast, which prominently stated on the front label that it makes up to 380 six-ounce cups. The instructions on the back of the can directs consumers to use six-ounces of cold water with one tablespoon of coffee grounds, which is supposed to yield “1 Serving (6 fl. oz.)”. 

According to the Folgers class action lawsuit, this means that each canister of Classic Roast should contain 380 tablespoons of coffee. However, the Folgers lawsuit states that if those instructions are followed, the canister only produces about 265 to 275 six-fluid-ounce servings — more than 100 cups short of what Folgers claims on the front of the can.

Several of Folgers’ other coffee products make similar claims and also fall short, the class action lawsuit says.

For example, Folgers Special Roast Medium, Folgers ½ Caff Medium, Folgers Coffeehouse Blend Med-Dark and Folgers Breakfast Blend Mild all claim on their labels to produce 210 six-ounce coffee servings while only actually producing about 150 to 160 servings. This amounts to about 30 percent less than what is represented.

In another example cited in Sorin’s class action lawsuit, the labels on Folgers Classic Roast Medium, Folgers Classic Decaf Medium and Folgers Simply Smooth Mild claim each canister will produce 240 six-ounce servings, but in practice, each canister actually produces only about 170 to 180 servings.

Because of the allegedly false representations on the coffee canisters, Sorin and other putative Class Members overpaid for Folgers products, as they did not contain the stated amount, the complaint says.

The Folgers class action lawsuit cites an example of a canister Sorin purchased on May 28 via Amazon. Sorin says she paid $24.43 for 380 servings, or roughly 6 1/2 cents per serving. But because the product only yields about 270 servings, consumers who purchase this product are paying about 9 cents per serving. 

The Folgers lawsuit was filed in federal court because the potential Class involves more than 100 Class Members and because the plaintiff and defendant are citizens of different states and the amount in question exceeds $5 million, not including interest and court costs. 

Sorin and other putative Class Members are asking the Court to stop the Folger Coffee Company’s of mislabeling their products and to “adopt proper label statements.” The Folgers class action lawsuit also asks for the Court to declare the company’s alleged conduct violates the Florida Deceptive and Unfair Trade Practices Act.

The plaintiffs are seeking damages, an award of attorneys’ fees and court costs and any other further relief the Court may deems appropriate. The class action lawsuit also demands a jury trial.

Folgers Coffee Legal Allegations

A similar class action lawsuit was filed against the Folgers Coffee Company in early May in California.

In that complaint, plaintiff Ramon Ibarra claims Folgers canisters claim to make up to 210 six-ounce servings of coffee, but actually only make 156 six-ounce servings.

Ibarra says he would not have purchased the canister, or would have paid less than he did, if he had known Folgers misrepresented the amount of servings each canister would produce.

Folgers is one of the most well-known coffee makers in the United States, and since the early 1990s has been the largest-selling ground coffee in the U.S.

The company generates an estimated $1 billion or more in sales each year. In 2008, Procter & Gamble sold Folgers to J.M. Smucker for a reported $3 billion.

Have you purchased Folgers coffee and feel you didn’t get your money’s worth? We’d like to hear from you. Tell us your story in the comments below.

Sorin is represented by Emily Komlossy of Komlossy Law PA, Laurence D. Paskowitz of The Paskowitz Law Firm PC, Roy L. Jacobs of Roy Jacobs and Associates and Beth A. Keller of the Law Offices of Beth A. Keller PC.

The Folgers Coffee Class Action Lawsuit is Marcia Sorin v. The Folger Coffee Company, Case No. 9:20-cv-80897, in the U.S. District Court for the Southern District of Florida.

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