The main case against Folgers (owned by The J.M. Smucker Company) claims it falsely advertises the number of servings in each canister. Plaintiffs allege the prominent canister label which reads “Makes Up To” a set number of cups (e.g., 210 or 240 cups) is a mathematical impossibility if consumers adhere to the unique coffee brewing instructions printed on that very same package.
The legal theory is this: In order to obtain the number of cups advertised, consumers would have to use far less coffee than they are advised in those instructions, leading them not to drink coffee but instead “coffee-flavored water.” Though other class action lawsuits were filed, some have been dismissed because courts generally hold that the words “Up To” permit variation and because reasonable consumers might know that serving size can change depending on taste.
For Current Clients: The “Kitchen Truth” Protocol
If you have a canister in your pantry right now, you may feel deceived. It’s not so much that the coffee is “fake” but rather that the math just doesn’t work. And here’s how you can tell whether you’re getting what you paid for through a crucial test:
The “Density Discrepancy” Test
The lawsuit is one of many in which civil rights lawyers have sued food manufacturers for discrepancies between volume measurements (tablespoons) and weight measurements (ounces). Beans whether light roast or dark roast are of different density and yet are sold by weight but are measured by volume when the consumer purchases them.
Step-by-Step Verification:
- Don’t use the Scoop: Do not start off by using the scoop given or a regular tablespoon.
- Check the Weight of All Contents: If you own a digital kitchen scale, make sure that the net weight is equal to the advertised poundage (e.g., 30.5 oz).
- The “Instruction Math”: Folgers instructions will usually recommend 1 tablespoon per 6 fl oz of water.
- Measure One Tablespoon: Measure out one level tablespoon of the grinds.
- The Logic of the Lawsuit: If 1 tablespoon is approximately 5-6 grams, and you have a canister with 865 grams (30.5 oz), then simple division (865 ÷ 5) would imply that you could make around 173 cups.
- The Label’s Claim: If it says “Makes 240 Cups,” then you have a ~67 cup disparity.
Conclusion: You will run out of coffee LONG before you reach the number on the front if you follow the directions on the back. You’re not dreaming; you are outpacing the product’s own marketing.
For Those Seeking to Settle: Navigating the Class Action Landscape
If you are seeking to be paid, you need a reality check about these cases. Unlike information privacy settlements, cases of false advertising concerning food portions are legally challenging to win because of what has become known as the “Reasonable Consumer Defense.”
Why Checks Aren’t Automatically Mailed:
The lead case, Moser v. J.M. Smucker Company, has been dismissed. The court ruled that “reasonable consumers” would understand that “Makes Up To” is an approximation, and that the side-panel instructions are recommendations, not a rigid dictum.
How to Look for Opportunities:
And because appeals and new filings occur (state laws differ) use this checklist to ensure you aren’t missing valid claim windows:
- Stop Googling “Folgers Lawsuit”: This results in clickbait.
- Utilize Legal Aggregators: Keep an eye on services such as Top Class Actions or ClassAction. org. Search by “J.M. Smucker” only, rather than Folgers, to pick up parent-company litigations.
Digital Receipt Archiving:
- The Trap: Most settlements cap “no-proof” claims at extremely low levels (e.g., $3–$5 total).
- The Solution: Download your purchase history on an annual basis if you purchase coffee by Amazon, Walmart+ or use a loyalty card like Kroger/Safeway. Look up “Folgers” and download these PDFs. If a resolution is obtained, class members who can prove they bought the product(s) typically qualify for uncapped or much higher level settlements.
If You’re on a Budget: What to Say When People Ask About the “Price Per Ounce”
The lawsuit surfaces a key takeaway for budget-minded shoppers: “Cost Per Cup” is a twisted metric. The “Up To” number is used by brands in order to make the shelf tag appear as though it has a lower per cup cost.
The Anti-Inflation Strategy:
- Blind Yourself From The “Cup Count” Ignore the giant bold print font that says ”Makes 200+ Cups.” This is marketing puffery (a legal term for exaggeration that no reasonable person would believe is literally true).
Calculate Cost Per Ounce (CPO):
- Pay attention to the Net Weight* (in bottom right corner for example, 25.9 oz).
- Price per ounce: Divide the cost by the net weight.
- Example: $12.00 / 25.9 oz = $0.46 per ounce.
- Compare To Private Label: Compare this CPO to store brands (which are also made at the same places in many instances) like Costco’s Kirkland or Walmart’s Great Value. The chicken, store brand may have one CPO and better beans or a lower CPO and the same quality.
The Shrinkflation Watch: Manufacturers often keep the canister size constant while decreasing the net weight (eg 30.5 oz turns into 25.9 oz) while retaining the “Makes 240 Cups” claim exactly as it is. Following CPO safeguards you from this concealed inflation.
For the Coffee Nerds: The Quality & Extraction Truth
For people who are truly interested in the science of coffee, the lawsuit provides a window into a fundamental problem with mass-market standards for brewing a cup of Joe: The “Golden Ratio” vs. The “Folgers Ratio.”
The Critical Analysis:
The suit inadvertently demonstrates that to achieve the advertised yield, coffee must be brewed extraordinarily weak.
- The Gold Standard: The Specialty Coffee Association recommends a “Golden Ratio” of 1:15 to 1:18 (one gram of coffee to 15-18 grams).
- The Lawsuit Inference: To get to “Makes 240 Cups” from a ~30oz (850g) can of coffee, that ratio moves dramatically in the direction of at least 1:30.
- The Result: The lawsuit alleges that serving size is in fact not based on palatable extraction percentage but a diluted threshold that barely constitutes coffee.
The Brewer’s Adjustment:
Do not trust the canister’s math for flavor. *Caveat If you brew to normal (specialty) ratios then there is about half the yield that’s being stated on the label.
The ‘Robusta’ Factor: Mass-market blends often contain Robusta beans, which are more bitter but also have more caffeine and soluble solids than Arabica. This enables them to recommend using less coffee, but it is not a pleasant flavor profile. The lawsuit complaints are usually customers attempting to brew it like Arabica and having it tasteless.
Frequently Asked Questions
Q: What is the central allegation in the lawsuits against Folgers over their serving labels?
A: The lawsuits contend that the “Makes Up To” number on the front label falls under false advertising because doing simple math gives you a serving size that’s impossible to make if you prepare your coffee according to the brewing instructions provided on the back of canister.
Q: Why have so many of these class action suits been dismissed in court?
A: Courts, including in Moser v. J.M. Smucker Co., have generally found that a “reasonable consumer” knows “’Makes Up To’ is an approximation and certainly brewing instructions should be seen as suggestions of the brewer’s intended taste preference and/or strength, not preachments of doctrine.”
Q: How can consumers know if they really are receiving the advertised amount of coffee in a canister?
A: What you can do as a consumer is try weighing out some ground coffee in accordance with the “Density Discrepancy” test, in which you weigh 1 tablespoon of grounds and determine the number of tablespoons contained in the net weight of a canister.Then look for yourself what happens when you measure your usual number of measuring cups, following instructions from the company’s label advertising X # of Cups and numbers on packages quite possibly don’t legally comply about servings.
Q: What can budget shoppers do to know if they are getting bang for their buck instead of defaulting to the “cup count”?
A: Consumers should focus less on the “Cost Per Cup” and do the math for a “Cost Per Ounce” comparison of price to Net Weight (e.g., $12.00/25.9 oz), as this helps with catching “shrinkflation” where you’re paying more in your purchase for less weight — while serving claims remain fixed egregious serving-size inflation that skirts the same cost-per-serving line.
Q: How is the quality of the coffee affected if you brew for a full cup count as on package?
A: To get the theoretical number of cups advertised, you have to water down your coffee at about a 1:30 ratio which is like drinking near-flavored water (not even hot) compared to what regular “gold ratio” nightmares are where 15/18 ratios prevail.
References
- United States District Court, N.D. California. (2020). Moser v. J.M. Smucker Co., Case No. 19-cv-02432. (Detailed dismissal of the first class action with respect to “Makes Up To” claims under the “reasonable consumer” standard).
- Specialty Coffee Association (SCA). (2023). The SCAA Standard | Golden Cup Ratio. (Establishes the coffee-to-water standard for the industry vs. instructions on mass-market labels).
- Consumer Reports. (2021). Shrinkflation: What It Is and How to Spot It (and Save Money). An analysis of changing packaging trends in packets when the net weights reduce and serving claims remain the same.
