Abraham Jewett  |  July 12, 2022

Category: Food

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A variety of the popular Keurig K Cups.
(Photo Credit: ehrlif/Shutterstock)

Update:

  • A federal judge in California has approved a $10 million settlement between Keurig and consumers who argued they were misled into believing the company’s single-serving K-Cups were more recyclable than they actually are. 
  • The judge overseeing the case called the settlement agreement “fair, reasonable and adequate.” 
  • Eligible class members will receive between $5 and $36 per the settlement agreement. 
  • Keurig Green Mountain says it has provided more than 1.6 million email addresses for eligible class members who made online purchases.
  • Online purchasers will receive direct notice of the settlement agreement and are expected to claim around $2.4 million to $4 million of the funds. 
  • Keurig has also agreed to add a label to its K-Cup pods advising consumers “Check Locally — Not Recycled in Many Communities.”

Keurig K-Cup Recyclable Class Action Settlement Overview: 

  • Who: Keurig Green Mountain Inc. has agreed to pay $10 million to resolve claims made against the company by a class of buyers. 
  • Why: Buyers claim Keurig falsely advertised the widespread recyclability of its single-serve K-Cup coffee pods.
  • Where: The class action lawsuit was filed in California federal court.

(March 3, 2022)

Keurig has agreed to pay $10 million to resolve claims it misled its customers about the widespread recyclability of its K-Cup single-serve coffee pods. 

Buyers, led by plaintiffs Kathleen Smith and Mathew Downing, asked a California federal court to sign off on the settlement agreement and to expand the class definition to a nationwide class of buyers. 

The beverage brewing company will also update the package labeling for the single-serve coffee pods to inform customers that they may not be recyclable in their area, according to a motion for settlement approval. 

“The settlement would also require Keurig to present this new disclaimer in a substantially larger font size than the disclaimer on the current packaging, ensuring that consumers notice and understand the statement,” the buyers said.

Keurig has also agreed to change its website to include information letting consumers know the K-Cup pods are not recyclable in many places, the buyers said. 

Seventy-five percent of any settlement funds that go unclaimed will be distributed to Ocean Conservancy while 25% of what’s left over will go to Consumer Reports, according to the motion. No leftover funds would go back to Keurig.

“As this case concerns plastic pollution in part due to the labeling of plastic products as recyclable that are not in fact recycled, there is a close correlation between the Ocean Conservancy’s mission and the facts that give rise to the instant action,” the buyers said. 

Keurig Modified Pods To Be More Recyclable

Keurig has already taken steps to make their coffee pods more recyclable by modifying their lids so they can be peeled off more easily, according to the motion. 

In her 2018 class action lawsuit, Smith claimed Keurig’s K-Cup coffee pods were too small to be recycled in most municipal recycling factories, meaning they often ended up in landfills. 

Keurig was unsuccessful in its attempt to get the complaint dismissed, arguing a reasonable consumer would not have been misled and that they would have known the K-Cup pods could not be recycled everywhere. 

In 2020, Keurig agreed to pay $31 million to resolve separate claims it had created a monopoly in the market for single-serve coffee pods. 

In that case, consumers claimed Keurig had suppressed its competition in order to stay in control of the market, allowing the company to charge higher prices. 

Have you used a Keurig single-serve K-Cup coffee pod? Let us know in the comments! 

The plaintiff is represented by Howard Hirsch and Ryan Berghoff of Lexington Law Group and Gideon Kracov of the Law Offices of Gideon Kracov.

The Keurig K-Cup Recyclable Class Action Lawsuit is Smith v. Keurig Green Mountain Inc., Case No. 4:18-cv-06690, in the U.S. District Court for the Northern District of California.


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1,652 thoughts onKeurig class action settlement of K-Cup recyclability gets initial OK

  1. Dawn Novak says:

    I have purchased alot of these pods unable to recycle sent out in the trash

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