TAMPA, Fla. (Legal Newsline) - A Florida woman has filed a class action lawsuit against Big Lots, Inc., claiming the company falsely advertises that one of its ground coffee products can make up to 210 cups of coffee when in actuality it can only make approximately 150.
Plaintiff Peggy Durant filed a class action lawsuit in the U.S. District Court for the Middle District of Florida against Big Logs, Inc., citing false advertising in violation of the state's Deceptive and Unfair Trade Practices Act, breach of warranty, and fraud.
According to the lawsuit, Big Lots produces and markets its "100% Arabica Medium-Dark Roast Columbian Coffee" in 24.2-oz. cans under its "Fresh Finds" brand. The label on the product says that consumers can get up to "210 suggested strength 6 fl. oz. servings" by mixing and brewing six ounces of water with one tablespoon of the product. Durant alleges that this is a false misrepresentation and says that, following the provided instructions, she was unable to make anywhere near 210 cups. An independent laboratory analysis revealed that the product can only make up to 152 6 fl. oz. servings when the instructions are followed, 58 fewer servings than advertised.
Durant claims she bought the product at a premium price, expecting to be able to make the number of cups advertised on the label or at least reasonably close to this number. She adds that had she known the product would make far fewer cups of coffee, she would have not purchased it at all or paid a lower price.
According to the lawsuit, Big Lots deceptively and fraudulently misrepresented the product in violation of the state's Deceptive and Unfair Trade Practices Act.
Durant is demanding a jury trial to seek damages for herself and everyone in her proposed class action lawsuit, plus court costs, attorney fees, and any other relief the court deems proper. She is represented in this case by attorney William Wright of The Wright Law Office, P.A., in West Palm Beach.
U.S. District Court for the Middle District of Florida case number 5:23-CV-00561