What is the lawsuit about?

Additional settlements have been reached with certain Defendants, known as the New Settling Defendants, in a class action lawsuit. In the lawsuit, the Plaintiffs allege that the Settling Defendants falsely advertised and falsely designated coffee as originating from the Kona region in violation of the federal Lanham Act. Although the Settling Defendants deny Plaintiffs’ claims for liability and damages, they have agreed to settle the class action to avoid the time and expense of continuing the lawsuit.

Who are the Settling Defendants?

The Settling Defendants are The Kroger Co. (“Kroger”), Safeway Inc. and Albertsons Companies Inc. (“Safeway/Albertsons”), and Hawaiian Isles Kona Coffee Co., Ltd. (“HIKC”) (collectively, the “New Settling Defendants”)

There are other Defendants in this lawsuit who have not reached settlements with the Plaintiffs at the time. Those Defendants not included in these Settlements are not part of the Settlements.

What do the settlements provide?

The Proposed Settlements provides money for Settlement Class Members, requires Kroger and HIKC to modify the label of coffee products labeled as containing beans originating from the Kona region, and create labeling requirements for Safeway/Albertsons’ vendors of such coffee products. More information about the amounts the Settlements provide is available on the Settlement Benefits page.

Who is Included in the Settlement Class?

The Settlement Class includes all persons and entities who, between February 27, 2015, and February 14, 2022, farmed Kona coffee in the Kona District and then sold their Kona coffee. Excluded from the Settlement Class are the Settling Defendants, any Judges to whom the case is assigned, and their immediate families and staffs.

Detailed information on each of the options listed below can be found in the Long Form Notice, which can be downloaded from the Important Documents page. Information about the deadlines by which to exercise each of these options can be found on the Key Dates page.