Keurig faces another class action over allegedly misleading ‘recyclable’ K-Cup claims

Keurig class action lawsuit overview:

• Who: Plaintiff Tracy Sulli filed a class action lawsuit against Keurig Dr Pepper Inc.
• Why: Sulli claims Keurig Dr Pepper falsely advertises its K-Cup pods as recyclable.
• Where: The Keurig class action lawsuit was filed in New York federal court.

A new class action lawsuit claims Keurig Dr Pepper falsely advertises its K-Cup pods as recyclable despite the fact that most consumers are unable to recycle them.

Plaintiff Tracy Sulli argues that most recycling centers in the United States refuse to recycle K-Cups due to their small size, irregular shape, multi-material construction, frequent contamination issues and unfavorable economic factors.

“Despite these facts, Keurig promotes its K-Cup pods as ‘recyclable’ because they are made from polypropylene #5 plastic,” the Keurig class action lawsuit says.

Sulli claims Keurig Dr Pepper relies on a “purely theoretical definition” of recyclability that ignores the fundamental principles outlined in the Federal Trade Commission’s Green Guides and fails to align with consumer understanding.

The plaintiff wants to represent a New York class of consumers who purchased Keurig’s K-Cups between Aug. 9, 2022, and the date notice of class certification is disseminated.

Keurig settled previous claims over K-Cups in 2023, class action says

Sulli claims Keurig Dr Pepper has been aware for years that consumers are increasingly concerned about the environmental impact of their consumption habits and that these concerns materially influence purchasing decisions.

She points to a 2023 settlement resolving class action claims that Keurig Dr Pepper misled consumers into believing K-Cup pods were recyclable.

Sulli argues she would not have purchased K-Cups or would have paid less for them if she had known they were not recyclable K-Cups.

The plaintiff demands a jury trial and requests declaratory and injunctive relief, an award of statutory damages of $50 per transaction, an award of statutory damages of $500 per transaction and an award of costs and expenses. Sulli claims Keurig Dr Pepper is guilty of violating New York General Business Law.

Earlier this year, Keurig Dr Pepper faced a similar class action lawsuit claiming its K-Cup pods are not recyclable.

Have you been unable to recycle Keurig K-Cups? Let us know in the comments.

The plaintiff is represented by Michael R. Reese of Reese LLP.

The Keurig class action lawsuit is Sulli v. Keurig Dr Pepper Inc., Case No. 26-cv-6420, in the U.S. District Court for the Western District of New York.

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