FARUQI & FARUQI SCORES CLASS CERTIFICATION WIN IN FOLGERS COFFEE LITIGATION


On July 31, 2024, Chief Judge Beth Phillips of the Western District of Missouri granted class certification in a false advertising class action against the J.M. Smucker Company and its subsidiary, the Folger Coffee Company.  Faruqi & Faruqi, LLP was appointed as Class Counsel.
 
In this hotly contested litigation, Plaintiff alleges that Defendants falsely advertise certain Folgers ground coffee products as being capable of making “up to” a specific number of servings when they cannot.  The Court certified the following class:
 
All persons who purchased any of the Products in Missouri for personal, family, or household purposes, and not for resale, during the time period from August 27, 2015, to present.
 
The Court also granted, in part, Plaintiff’s motion to exclude certain opinions of Defendants’ key expert witness.  Defendants sought to exclude all four of Plaintiff’s expert witnesses, but the Court denied Defendants’ motions.
 
This class certification win comes after Plaintiffs successfully defeated four motions to dismiss.

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