An Illinois federal judge has for the second time dismissed a class action lawsuit against Grove Square coffee manufacturer Sturm Foods Inc., after finding the plaintiffs failed to prove their claims that the company misled its customers into believing that the single-serving cartridges brew fresh coffee instead of instant coffee.
A group of nine plaintiffs from eight states sued Sturm and its parent company Treehouse Foods Inc. in August 2011 on behalf of all consumers who purchased Grove Square coffee cartridges in those states from September 2010 to the present. The Court denied certification of that Class on Aug. 26, 2013, which was appealed.
On Nov. 20, U.S. District Judge G. Patrick Murphy denied plaintiffs’’ motion to reconsider Class certification and defendants’ motion to dismiss the class action lawsuit. Judge Murphy agreed with Sturm’s argument that the Grove Square coffee packaging was not deceptive and did not injure the plaintiffs. He also agreed that the plaintiffs could not prove successful claims under the state fraud laws. ”
The court has seen the packaging at issue — plaintiffs bring it to each hearing — and finds that it is not designed to mislead consumers,” the judge wrote. “It says what it is. Judgment is proper as a matter of law because none of the plaintiffs have shown their pecuniary loss was caused by defendants’ fraud, deceit or mislabeling.”
The judge added that the “summary judgment is ‘the put up or shut up’ moment in the lawsuit, when a party must show evidence it has that would convince a trier of fact to accept its version of events.” However, that was not the case, he said, and the “plaintiffs have not shown evidence to support their claims.” Judge Murphy detailed how each plaintiff named in the suit failed to make his or her claim. “Charles Cardillo did not read the packaging prior to purchase or rely on packaging when he chose the product; Linda Suchanek read the term ‘soluble’ on the packaging and understood that the term meant the product dissolved in water; Carol Carr purchased the product because of the price; Richard McManus did not read the packaging,” and so on.
The plaintiffs are represented by Michael H. Maizes of Maizes & Maizes LLP. The Grove Square Coffee Class Action Lawsuit is Suchanek, et al. v. Sturm Foods, Inc. et al, Case No. 11-565-GPM, in the U.S. District Court for the Southern District of Illinois.
UPDATE: On May 9, 2019, a settlement has been reached between customers and the makers of Grove Square coffee pods — Sturm Foods Inc. and its parent company TreeHouse Foods Inc.
UPDATE 2: August 2019, a website has been established to inform consumers of their rights and options under a class action lawsuit that accuses Grove Square Coffee of using instant grounds in their single Keurig-style cups.
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3 thoughts onGrove Square Instant Coffee Class Action Squashed
My serious complaint is the dark brown slime which forms on surface if not consumed within a few minutes. I am a coffee sipper, not a gulper.
This slime (my nurse snd head pharmacist/chemist friend have viewed it and samples are available) has high surface tension, sticks to the cup, a spoon when dipped out of cup, your mouth, fingers, and the sink with difficulty in rinsing it down the drain.
Additionally, if I try to simply wipe the spoon off with knapkin or paper towel, it’s extremely difficult.
Problem: What is it sticking to inside of me when I consume it?
I’ve been drinking this for 5 or so years, but congestion in my throat has been increasing. I just never put two and two together before.
Both my nurse and head pharmacist/chemist feel it should not be consumed. It’s the silicon which concerns me.
I asked Sturm what had been genetically modified as it states on label, but the phone rep didn’t know and said he would ask for data if it was not proprietary. Haven’t heard from him again.
To see what I’m talking about, make a few cups and let them sit awile on a mini hotplate for each cup and see what happens. Sometimes it looks like actual tissue (I have a picture of that one), a sample of which in its dried out form.
Instant coffee is not freshly brewed coffee but rather dehydrated soluble powder that can be mixed with water to yield a coffee-like beverage. I bought this product at wal-mart, under the false impression that it was “fresh” and not “instant” coffee. I was fooled into buying this product because I thought it was the “world’s highest quality arabica beans”, but the taste did not reflect it. My money was wasted on this product.