Melitta Challenges Class Certification Bid in ‘Natural’ Coffee Lawsuit

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Coffee maker Melitta USA Inc. has responded to a motion seeking to achieve class certification for a natural coffee lawsuit facing the company.

The lawsuit holds that Melitta promoted their coffee as “natural” despite containing synthetic ingredients. However, 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.

In the initial coffee lawsuit, plaintiff Jill Decerbo alleged that the coffee’s labeling implies that the coffee bears natural ingredients.

Among the allegations, her coffee lawsuit argues that she paid more for the product based on the implication that the coffee was a premium, natural coffee. Decerbo’s coffee lawsuit holds that she overpaid for coffee because of allegedly deceptive marketing.

However, Melitta asked that the motion for class certification be dismissed for several reasons, detailed in the text of their motion.

First, Melitta is arguing that Decerbo has not provided any evidence of the existence of a Class. Instead, Melitta alleges Decerbo is strategically trying to get the coffee lawsuit advanced to the discovery step without proving that a Class exists.

“Plaintiff proposes a class of consumers who purchased at least 8 different products in three different types of product packaging,” Melitta states. “The proposed class thus implicates eight different sets of ingredients and eight different product packaging and labels. Whether particular consumers were misled by one of the variations of product packaging they viewed is an individualized question, which has no application to a different purchaser for a different label on a different product.”

Melitta’s alleges that “the Plaintiff’s Motion is fundamentally flawed,” and that the attempt to move discovery after class certification is “an attempt to salvage the clearly inadequate class claims.”

Additionally, Melitta’s motion argues that their labeling never implied that coffee is “natural.”

“The ‘front’ of the label (which is the portion likely to be viewed by a consumer while on the store shelf) does not state or otherwise imply that the characterizing flavor is natural. Id. There are no vignettes or pictures of hazelnuts or vanilla leaves on the packaging – but rather only a cup of coffee. Id. Moreover, the portion identifying the flavor of the coffee does not state that it is naturally flavored,” Melitta states.

Melitta’s motion in the coffee lawsuit also argues that without an adequate identification of potential Class Members, allegedly premature class certification would deny Melitta their due process.

Their motion states that Decerbo failed to provide any evidence for them to fight against. Melitta states that are being denied their chance to face their accusers in court, a right guaranteed under U.S. law.

If the case receives class certification, potential Class Members could include anyone who purchased Melitta believing that it was “natural” in origin within the State of New Jersey and other states with similar consumer protection laws.

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 “Natural” Coffee Class Action Lawsuit is Jill Decerbo v. Melitta USA Inc., Case No. 8:16-cv-00850, in the U.S. District Court for the Middle District of Florida, Tampa Division.

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