Big Lots Fresh Finds Coffee Contains 28% Fewer Servings Than Advertised, Class Action Alleges

Big Lots Fresh Finds Coffee False Ad Class Action Lawsuit Overview:

• Who: The maker of Fresh Finds coffee, Big Lots, Inc, is being sued on behalf of coffee-drinkers.
• Why: The company is allegedly selling cans of its ground coffee advertising that the cans contain many more servings than they do.
• Where: The lawsuit seeks to represent New York plaintiffs.

Big Lots is facing a class action filed by a New York coffee-drinker claiming its Fresh Finds private label brew contains many fewer servings than advertised.

Lead plaintiff Amy Devey filed the class action complaint against Big Lots, Inc., Nov. 11 in a New York federal court, alleging violations of New York consumer laws and federal warranty laws.

Devey, a self-described coffee-lover, says she’s a customer who seeks good value when shopping. 

She bought a 24.2 oz can of Big Lots’ Fresh Finds-brand 100% Arabica Medium-Dark Roast Colombian Coffee, which said on the back it makes “up to 210 cups” of coffee when the directions on the label were followed. 

Devey says despite following the directions on the label to use one tablespoon of coffee for each 6 fl oz cup of water, she got far less than her promised 210 cups.

“When consumers, like Plaintiff, followed the Product’s directions for use, they could not brew anywhere close to 210 cups,” she says.

“Independent laboratory analysis determined that the Product could only make 152 cups of coffee, when the instructions were followed, 58 fewer cups of coffee than promised.”

Devey says this means the product delivers 28 percent fewer cups of coffee than promised on the label. 

Big Lots Benefits From False Labeling Of Fresh Finds Ground Coffee, Claims Class Action

Big Lots gains an unfair advantage against other companies by charging a premium on the falsely labeled Fresh Finds coffee, the class action lawsuit alleges. The bargain retailer also dupes consumers into thinking they were getting more than they do. 

Devey is suing under New York General Business Law, and for breach of warranty, negligent misrepresentation, fraud and unjust enrichment. She claims the amount in controversy exceeds $5 million. 

According to the lawsuit, Big Lots operates 66 stores in New York, and has annual revenue of over $5 billion.

Devey is looking to represent anyone in New York who purchased the product. She’s seeking certification of the class action, an injunction, damages, fees, costs and a jury trial.

Coffee drinkers have gotten class action rebates from other retailers that allegedly falsely labeled their brews. Earlier this year, Kraft Heinz agreed to pay $16 million to settle a class action lawsuit alleging the company misrepresented the size and number of servings Maxwell House ground coffee products contained.

Last year, the makers of Great Value, Bonus Blend, Flavor Peak, Food Lion, Hannaford, Market Pantry, and Signature Select ground coffee paid $20 million to settle a class action lawsuit alleging deceptive packaging misled consumers about the amount of coffee they could brew.

Have you been duped by false labeling? Sign up to start a class action lawsuit here! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Big Lots Coffee Class Action Lawsuit is Devey et al., v. Big Lots, Inc., Case No. 6:21-cv-06688 in the U.S. District Court Western District of New York.

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