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The Best Part of Waking Up Is … Different Amounts of Folgers in Your Cup?

ABSTRACT: The Eighth Circuit recently rejected class certification in the Folgers serving-size labeling litigation (In re: Folders Coffee Marketing), finding that consumers vary widely in whether they read the labels, how they interpret the serving instructions and how strong they prefer their coffee. The Court, in Smith v. The Folger Coffee Co., emphasized that the Missouri Merchandising Practices Act does not allow consumers who suffered no loss to “piggyback” on the alleged injuries of others, making the proposed class inappropriate, and found class certification inappropriate under the proposed unjust enrichment and price premium theories.

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