Folgers Class Action Says Coffee Servings Are Inflated

A class action lawsuit has been filed against The Folger Coffee Company by a consumer who claims that the coffee company’s containers falsely advertise how many cups of coffee can be made per canister.

Plaintiff Ramon Ibarra says the Folgers canisters claim to make up to 210 6 fluid ounces of coffee, but the canisters only make 156 6 fluid ounce servings, 54 short of what is advertised on the front label.

Ibarra, a resident of San Diego, reportedly purchased three canisters of Folgers French Roast, Med-Dark, 210 Cups, for $12.59 each. He claims that he read the label stating that each canister would produce 210 6 ounce cups of coffee before purchasing the product. 

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

In addition, Ibarra claims that he was further damaged in his purchase because the defendant artificially inflated the price of the product as a result of increased consumer demand generated by the false advertisement.

The Folgers class action lawsuit states that the defendant is engaging in a classic bait-and-switch scheme that causes consumers to spend more money for less product.

Consumers expect that, if they follow the instructions, the coffee canisters will produce the number of servings of coffee that is displayed on the front and back labels of the canister, the plaintiff maintains.

However, tests have shown that Folgers systematically misrepresents the amount of coffee in its canisters.

“At no time does Defendant inform consumers as to the true number of cups a Coffee Product will yield if the back-panel instructions are followed, or that they will not result in the advertised amounts of servings,” the Folgers class action lawsuit goes on to say.

Ibarra claims that he relied on the defendant’s representations about how many cups of coffee would be produced and would not have paid for the coffee if he knew the truth about the product’s actual yield of servings.

The plaintiff states that he is susceptible to this recurring harm because he cannot be certain that the company has corrected their false advertising scheme and he would like to continue to purchase the coffee from the defendant.

However, Ibarra claims that he cannot trust that the defendant will label the coffee truthfully in compliance with California law. 

“Plaintiff simply does not have the resources to ensure that Defendant is complying with California and federal law with respect to its labeling and advertising of the Coffee Products,” the Folgers class action lawsuit goes on to state.

Ibarra says that nowhere on the canister labeling does the defendant notify consumers that the coffee product will not yield the number of cups represented in the directions were followed properly.

In addition, Ibarra notes that nowhere on the label does the product indicate how many cups will actually be produced if the instructions are followed.

The Folgers class action lawsuit states that the “Makes up to __ cups” label on the front of the canister is arbitrary and the back panel instructions resulting in less servings than advertised renders the products misleading.

The plaintiff goes on to say that Folgers has engaged in, and continues to engage in a pattern of willful conduct which is designed to lure consumers into purchasing coffee products that they would not have otherwise bought.

As a result of this deception, Folgers has sold thousands of these products to unsuspecting consumers across the state of California via its retailers and online sales, according to the Folgers class action lawsuit.

In addition, the plaintiff claims that Folgers has intentionally misled consumers into purchasing the products based on advertising that is false and misleading.

The Folgers class action lawsuit states that the defendant’s representations are material as a reasonable person would attach importance to the label on the front of the canister and would be induced to act upon this information when making purchasing decisions.

Ibarra says that the defendant has injured him and putative Class Members in that 1) they paid a sum of money for a coffee product that was not what the defendant represented; 2) they were deprived of the benefit of the bargain than what the defendant had advertised; 3) the coffee product had less value than what the defendant advertised.

“Had Defendant not made the false, misleading, and deceptive representations and omissions as alleged herein, Plaintiff and the Class Members would not have purchased the Coffee Products or would not have paid as much for them,” the Folgers class action lawsuit states.

Did you purchase Folgers coffee thinking that it made up to 210 cups of coffee? Leave a message in the comments section below.

The plaintiff is represented by Todd D. Carpenter and Scott G. Braden of Carlson Lynch LLP.

The Folgers Coffee Class Action Lawsuit is Ramon Ibarra v. The Folger Co., et al., Case No. 3:20-cv-00850, in the U.S. District Court for the Southern District of California.

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