Plaintiff Alleges Kroger Underfills Coffee Cans

A plaintiff has filed a putative class action asserting that The Kroger Co.’s ground coffee packaging and labeling mislead consumers as to the amount of cups of coffee they can produce. Lorentzen v. Kroger Co., No. 20-6754 (C.D. Cal., filed July 28, 2020). “The scheme is straightforward,” the complaint alleges. “Defendant sells the Products with the representation they contain enough ground coffee to yield a specific number of servings (e.g., 225 cups). This representation is prominently displayed on the front panel of the coffee canister. However, if the back-panel brewing instructions are followed, the canister produces significantly less than what is advertised on the front panel.” For example, the plaintiff asserts, one product’s labeling indicated it could be used to make “about 225 cups,” but the contents would make about 110 cups if the direction of one tablespoon of coffee per six ounces of water is followed. The plaintiff seeks class certification, an injunction, restitution, attorney’s fees and costs for alleged violations of California consumer-protection statutes.