Walmart Must Face Keurig Reusable Coffee Filter Class Action Lawsuit

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Walmart will have to face the majority of claims brought forward in a class action lawsuit claiming reusable Keurig coffee filters don’t work in Keurig 2.0 machines, according to a California federal judge.

This week, U.S. District Judge Cynthia A. Bashant rejected Walmart’s move to dismiss a class action lawsuit that alleges that a brand of reusable coffee carafe cups sold at Walmart are not compatible with Keurig 2.0 coffee machines, as advertised.

Judge Bashant left most of the Walmart class action claims in tact to move forward in court, but tossed a claim for injunctive relief and a request for nonrestitutionary disgorgement of profits and attorney fees.

In June of last year, plaintiff Gina Beckman filed her Walmart coffee cup class action lawsuit in San Diego Superior Court. The Walmart cup Keurig incompatibility class action lawsuit was later removed to federal court.

Beckman claims that she bought the “Brew & Save” reusable carafe cups from Walmart with the intention of using them in her Keurig 2.0 machine. Allegedly, the cups do not fit in the machine, and thereby are incompatible with the machine, though they are specifically advertised to work with the Keurig 2.0.

She filed the Brew & Save reusable cup class action lawsuit against Walmart and the makers of the cups, Espresso Supply Inc., Eko Brands LLC and Ekobrew, seeking damages on behalf of herself and all similarly affected consumers.

In their attempt to have the Brew & Save cup class action lawsuit tossed, Walmart argued that Beckman had insufficiently argued that the cups were incompatible with her coffee machine because she had not specified with which Keurig 2.0 machine the cups did not work.

Judge Bashant rejected this argument, saying that Beckman did not need to make a more specific identification, and merely stating that she used a Keurig 2.0 was sufficient because “representations on the carafe’s filter’s label does not distinguish between specific Keurig 1.0 or 2.0 models,” so Beckman’s claims against the product were in line with the company’s advertisements for it.

The judge also went on to state that Beckman had sufficiently alleged that Walmart had breached warranty, because they sold a product that did not work as advertised, according to the claims. Judge Bashant stated that “[Beckman] expressly states that she relied on these warranties that the product would function with her machine in deciding to purchase the product.”

Judge Bashant did accept Beckman’s claim that she was financially injured by her purchase of the Brew & Save cups because she did not get the benefit of her purchase, as she could not use them in her Keurig.

However, the judge threw out Beckman’s attempt to claim injunctive relief, because Beckman had apparently not sufficiently claimed that she would be injured in the future if the company was not stopped from misrepresenting this product.

Beckman is represented by R. Criag Clark and Monique R. Rodriguez of Clark Law Group.

The Walmart Brew & Save Reusable Keurig Cup Class Action Lawsuit is Beckman v. Wal-Mart Stores Inc., et. al., Case No. 3:17-cv-02249, in the U.S. District Court for the Southern District of California.