Nestlé Says Consumers Measured Incorrectly in Coffee-Mate Creamer Class Action

Nestlé Coffee-Mate Creamer Class Action Lawsuit Overview

• Who: A group of Nestle Coffee-Mate consumers are suing the company 
• Why: The consumers allege the coffee creamer product doesn’t contain all the advertised servings. However, Nestle says the consumers haven’t properly measured out a teaspoon.
• Where: The case is being heard in a New York federal court

Nestlé is hitting back at customers who say its Coffee-Mate creamer product doesn’t contain all the advertised servings, saying the customers failed to measure out the teaspoon servings correctly. 

In a Jan. 18 motion to dismiss a class action filed against it by consumers, Nestlé USA Inc. said the consumers do not have a case because they haven’t measured correctly. 

In the consumers’ complaint, they allege the 1,000-gram Coffee-Mate Original, which is labeled as containing about 500 servings, actually contains 385 servings.

However, Nestlé said the consumers have it wrong, because they are rounding up the serving size. According to the company, the packaging on the creamer tells buyers one serving is a 2-gram teaspoon. But the plaintiffs are measuring with a 2.6-gram teaspoon in mind.

“Significantly, nowhere on the label (or elsewhere) is a serving defined as 2.6 grams of product, and the 1000-gram Coffee-Mate Original absolutely has the number of labeled servings … when using the serving size expressly stated on the label … as even plaintiffs must acknowledge,” Nestlé said in their response to the class action.

In July last year, ​​an Illinois consumer filed a similar class action lawsuit saying Nestlé misrepresents the number of servings in its Coffee-Mate branded creamers, coming up with only 107 teaspoons in a bottle of Caramel Latte Powdered Coffee Creamer that purported to contain 140 servings.  

What do you think of the claims in these cases? Let us know in the comments. 

The consumers are represented by Yitzchak Kopel and Alec M. Leslie of Bursor & Fisher PA.

The Nestlé Coffee Creamer Class Action Lawsuit is Richard Howze et al. v. Nestle USA Inc., Case No. 7:21-cv-06994, in the U.S. District Court for the Southern District of New York.

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