On December 23, 2021, Judge Phillips of the Western District of Missouri denied in large part J.M. Smucker’s motion to dismiss a consolidated MDL complaint in the matter In Re: Folgers Coffee Marketing Litigation, No. 21-2984-MD-W-BP. Plaintiffs, represented by Faruqi & Faruqi as co-lead counsel, allege that J.M. Smucker falsely advertises certain Folgers ground coffees as being capable of making “up to” a specific number of servings when they cannot.
In denying J.M. Smucker’s motion to dismiss, Judge Phillips held that “if a seller represents that a good produces ‘up to’ a certain quantity of something, and there is a significant disparity between that quantity and the amount a consumer can actually produce, a fact question is presented as to whether a reasonable consumer would be deceived.” Plaintiffs now advance with claims under California, New York, Missouri, Florida, Illinois, Washington, Texas, and D.C. law.
A copy of the Order on the motion to dismiss can be found here.