F&F Scores Big Win In Folgers Coffee Case
F&F Scores Big Win In Folgers Coffee Case
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.
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in Atlanta, Los Angeles and Philadelphia.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.
