On December 17, 2020, Judge Bernal denied in large part J.M. Smucker’s motion to dismiss the complaint in the matter Ashton, et al. v. The J.M. Smucker Co., et al., No. 5:20-cv-00992. Plaintiffs, represented by Faruqi & Faruqi, allege that J.M. Smucker falsely advertises certain Folgers ground coffees as being capable of making a specific number of servings when they cannot.
In denying J.M. Smucker’s motion to dismiss, Judge Bernal held that it was plausible “that consumers would expect to be able to make the represented servings following the recommended brewing instructions.” Judge Bernal found that any other plausible interpretation of the label advanced by defendant was a question for the trier of fact, not for the pleading stage. Plaintiffs now advance with their claims under California and New York’s consumer protection laws.
A copy of the Order on the motion to dismiss can be found here.
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