Market Basket Shorted Customers On Coffee: Lawsuit

TEWKSBURY, MA — A class-action lawsuit filed Tuesday in federal court accuses Market Basket of cheating customers who bought cans of coffee by about half the amount advertised.

The lawsuit against the Tewksbury-based supermarket chain claims the company's house blend and decaffeinated coffee cans advertised having 79 and 76 cups worth of coffee, respectively. Third-party testing showed the cans only contained 39 and 37 servings, according to the lawsuit.

"This means that consumers of the Products, including Plaintiff, were cheated out of 51% of the servings they paid for, in both cases, based on the advertising, marketing, and labeling of the Products," the lawsuit says.

Market Basket said in a statement that it is no longer using the label referenced in the lawsuit.

"We believe the lawsuit has no merit," the statement read.

Weymouth resident David Cohen is the lead plaintiff, represented by Boston attorney John T. Longo.

The lawsuit argues Cohen and other coffee buyers are entitled to damages from Market Basket for having paid a "premium price for ... falsely advertised coffees."

"Defendant sold more of the Products and at higher prices than it would have in absence of this misconduct, resulting in additional profits at the expense of the consumers," the complaint reads.

The suit claims there are tens of thousands of class members and asks for the company to be ordered to "cease their false and misleading labeling and advertising, retrieve existing false and misleading advertising and promotional materials, and publish corrective advertising."

Christopher Huffaker can be reached at 412-265-8353 or chris.huffaker@patch.com.