Class Action Claims Big Lots’ Fresh Finds Coffee Makes Fewer Cups Than Advertised
by Erin Shaak
Devey v. Big Lots, Inc.
Filed: November 11, 2021 ◆§ 6:21-cv-06688
A lawsuit claims canisters of Fresh Finds-brand Colombian coffee sold by Big Lots cannot produce anywhere near the number of cups advertised on product labels.
New York
A proposed class action claims canisters of Fresh Finds-brand Colombian coffee sold by Big Lots cannot produce anywhere near the number of cups advertised on product labels.
The 12-page lawsuit more specifically alleges that although the labels on Fresh Finds 100% Arabica Medium-Dark Roast Columbian coffee canisters advertise that the package can make up to 210 servings, the contents therein actually produce closer to 150 cups when the brewing directions are followed.
“This means that the Product delivers twenty-eight (28) percent fewer cups of coffee than promised on the label, which is what consumers paid for,” the complaint contests.
Per the suit, no reasonable consumer would have expected the number of servings to be so low based on the label’s representations. The lawsuit claims defendant Big Lots, Inc. has sold more of its private label Fresh Finds coffee, and at higher prices, than it would have absent the allegedly misleading labeling.
According to the case, the plaintiff and other consumers purchased the Fresh Finds Columbian ground coffee after viewing representations on the product’s label that the 24.2 oz canisters could produce “up to 210 suggested strength 6 fl oz servings.” Also included on the label were brewing instructions that recommend using one tablespoon of ground coffee per six fluid ounces of water, the suit relays.
The lawsuit alleges, however, that when the directions for use are followed, the product cannot brew “anywhere close to 210 cups.” Per the case, laboratory analysis has revealed that the Fresh Finds coffee can make only 152 cups when the stated instructions are followed.
According to the suit, Big Lots has failed to accurately calculate the number of servings that could be produced based on the product’s contents and instructions, leaving consumers unaware that they would be unable to make the advertised amount of coffee.
“This knowledge would require investigation beyond the store aisle, which is outside of what the average consumer can be expected to know or do,” the complaint states.
The lawsuit alleges the value of the Fresh Finds ground coffee was “materially less” than its represented value, allowing Big Lots to pull in more profits at the expense of consumers.
The case looks to cover anyone in New York who purchased the Fresh Finds coffee during the statute of limitations period.
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