Nestlé’s Coffee-mate Caramel Latte Powdered Coffee Creamer cannot provide as many servings as advertised, a proposed class action claims.
Specifically, the eight-page suit claims Nestlé’s representation that one container can provide enough creamer for “140 servings” is false, deceptive and misleading, and based on a one-teaspoon serving size of three grams. Per the lawsuit, the actual weight of a teaspoon of the coffee creamer is four grams.
According to the case, independent lab analysis has determined Nestlé’s Coffee-mate powdered creamer can only provide 107 servings based on an actual teaspoon of the product, 33 fewer than promised.
“This means the Product delivers almost thirty-three- percent (33) fewer servings of coffee creamer than the 140 promised on the label, which is what consumers paid for,” the suit claims, contending that reasonable customers expect they’ll be able to add a teaspoon of the Coffee-mate powder to 140 cups of coffee, or some variation thereof, when used according to label directions.
“No reasonable consumer will expect the number of servings is closer to 100 than 140,” the lawsuit reads.
The plaintiff, a Bloomington, Illinois consumer, claims Nestlé’s Coffee-mate powdered creamer is worth materially less than the defendant has advertised. Proposed class members would not have bought the powdered creamer, or would have paid less for it, had they known the truth, the case says.
The lawsuit looks to represent Illinois residents who bought the product within the applicable statute of limitations.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here