Consumers Win Class Certification In Sturm Foods' Grove Square Coffee Pod Suit

An Illinois federal judge recently certified a class of consumers who allege that Sturm Foods and its parent company Treehouse Foods Inc. marketed their Grove Square Coffee pods for use in Keurig Inc. brewers—and designed them to mimic Keurig's "K-Cups" that yield fresh coffee—but hid the fact that they were 95% instant coffee by using the terms "soluble and microground" on the package labels.  Suchanek et al. v. Sturm Foods Inc. et al., No. 3:11-cv-00565.  This class includes consumers who bought Grove Square Coffee products in Alabama, California, Illinois, New Jersey, New York, North and South Carolina, and Tennessee.

This decision comes after the previously assigned district court judge (Judge G. Patrick Murphy (Ret.)) sided with Strum on class certification and summary judgment and dismissed the suit.  Judge Murphy held that the plaintiffs failed to show that every class member has been harmed by Sturm's alleged mislabeling or deception.  He noted that the