Kroger Coffee Consumer Sees Quantity Deception Claims Advance

An Illinois consumer alleging Kroger Co. deceptively overstates the yield of its private-label ground coffee may pursue damages in his proposed class action against the grocer but may not pursue injunctive relief such as label changes, a federal court said.

Anthony Womick offered enough factual support for his claims that Kroger violated the Illinois Consumer Fraud and Deceptive Business Practice Act and was unjustly enriched, the U.S. District Court for the Southern District of Illinois said Monday.

According to Womick, the 30.5-ounce canisters produce about 173 cups of coffee—not 235 cups as the canister indicated—when one follows the instructions to ...