MIAMI (Legal newsline) – Folgers calls one of the class action lawsuits filed against it “demonstrably wrong” as it asks a Florida federal judge to toss it.
On July 29, the company claims lawyers have miscalculated their argument. The issue is whether a can of Folgers makes as many cups of coffee as it claims.
Two lawsuits attempt to do the math. They say one tablespoon for one serving equates to a certain amount of grams, then claim the cans don't contain enough grams to make the promised amount of 6 oz. cups.
In Marcia Sorin’s case, Folgers did the math on 380 servings.
“But this is where Plaintiff’s claim starts to unravel,” the company’s lawyer says. “If the court looks at the canister in the complaint, as it can and should, it will see that nothing on the canister states that it contains 380 tablespoons of coffee, as Plaintiff claims – it is certainly not where Plaintiff says it is.”
The motion then shows a Folgers label that says “This canister makes up to 380 suggested strength 6 fl oz servings.”
“Nowhere in the Complaint is there any allegation that this Folgers’ canister is incapable of making up to 380 suggested strength servings, as Folgers represents. For this reason, the Complaint should be dismissed because the only representation that Folgers actually makes is clearly disclosed on the package and not even challenged in the Complaint.”
The amount a can will make will vary greatly because coffee drinkers have different preferences on a cup’s strength, Folgers argues. The company’s recommendations, then, are accurate in that a can can make as many cups as it claims, it says.
Sorin is represented by Komlossy Law, the Paskowitz Law Firm, Roy Jacobs & Associates and Law Offices of Beth A. Keller. Their case is similar to one filed in California a couple of weeks earlier by different lawyers.