Coffee Drinkers Seek Certification of Melitta Class Action

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Coffee drinkers alleging that Melitta USA deceptively markets “inexpensive coffee with added artificial flavoring” as a premium naturally-flavored coffee are seeking class certification of a lawsuit.

The lawsuit was originally filed back in April, in which plaintiff Jill Decerbo alleged that she bought Melitta’s “French Vanilla” and “Hazelnut Creme” coffee regularly for years.

Though smaller print on the back mentions the presence of artificial ingredients, Decerbo’s coffee lawsuit alleges that the labeling of the coffee makes it look like it is a premium coffee.

The text of the complaint cites phrases including “Buttery Rich Flavor” or “Wild Hazelnuts” and a list of other natural-sounding flavors that allegedly create the impression that Melitta’s coffee is a premium product.

The coffee lawsuit holds that this led Decerbo to pay more for the coffee than she otherwise would have because of allegedly – deceptive marketing practice.

Per the text of the coffee lawsuit complaint, “Under U.S. Food and Drug Administration (‘FDA’) regulations, the front panel for each of these Products was required to accurately describe it’s ‘characterizing flavor,'” with respect to natural and artificial flavors.

The coffee lawsuit complaint cites a number of FDA regulations which explain that if there is enough of a “characterizing ingredient” to influence the flavor, it must be listed as an artificial flavor.

Much of this coffee lawsuit hinges on properly labeling natural products as such. The complaint goes as far as to say: “In actuality, Melitta’s ‘gourmet’ Products [sic] are nothing more than inexpensive coffee with added artificial flavoring.”

In this latest development, Decerbo asked a federal court in New Jersey for class certification to turn her lawsuit into a class action.

In her request for class certification, she argues that thousands of potential Class Members may have similar complaints over the labeling of these coffee products.

Her coffee lawsuit argues that Class Members may have spent thousands over time for a product that was allegedly not a premium coffee.

In June of this year, Melitta filed a motion to have the lawsuit thrown out on the grounds that the coffee cans are round, placing the disclaimers at the back almost as accessible as the labeling on the front of the containers, negating Decerbo’s claims.

Melitta also argued that Decerbo’s lawsuit sought relief for future injury when she wasn’t going to continue to buy specific products from them.

Potential Class Members for the coffee class action could include “all persons who purchased the Melitta Coffee products for personal or household use and not for re-sale labeled as French Vanilla, Hazelnut Crème, and substantially similar Melitta products in the State of New Jersey and states with consumer protection laws similar to New Jersey, on or after March 29, 2010 until the date class notice is disseminated.”

Decerbo is represented by Cullin O’Brien Law PA, the Law Offices of Ronald A. Marron APLC and the Law Office of David Elliot.

The Melitta Flavored Coffee Class Action Lawsuit is Decerbo v. Melitta USA Inc., Case No. 8:16-cv-00850, in the U.S. District Court for the Middle District of Florida.

UPDATE: On July 25, 2016, Melitta is seeking to have the motion for class certification dismissed on the grounds that the plaintiff has not presented evidence of the existence of Class Members.

UPDATE 2: On Nov. 17, 2016, Decerbo filed her second attempt at a Melitta class action lawsuit in a Florida federal court.