What is the lawsuit about?
Proposed Settlements have been reached with certain Defendants, known as the 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 BCC Assets LLC d/b/a Boyer’s Coffee (“BCC”), Cameron’s Coffee and Distribution Company (“Cameron’s), Copper Moon Coffee, LLC (“Copper Moon”), Cost Plus Inc. (“Cost Plus”), and Pacific Coffee, Inc., d/b/a Maui Coffee Company (“MCC”), Gold Coffee Roasters, Inc., Costa Rican Gold Coffee Company, Inc., and John Parry (“Gold”), Costco Wholesale Corporation (“Costco”), and The TJX Companies, Inc. and Marshalls of MA, Inc. (“TJX”).
There are other Defendants in this lawsuit who have not reached settlements with the Plaintiffs at the time. Those Defendants not included in these Proposed Settlements are not part of the Proposed Settlements.
What do the settlements provide?
The Proposed Settlements provide money for Settlement Class Members, require the Settling Defendants to modify the label of any coffee products labeled as “Kona” or “Kona Blend”, and require Gold to create labeling requirements for Costco's and TJX's vendors of such coffee products. Under the Proposed Settlements, the Settling Defendants will make a total payment of $13,105,750. More information about the amounts the Proposed 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 farmed Kona coffee in the Kona District and then sold their Kona coffee during the Class Periods listed in the Notices. Excluded from the Settlement Class are the Settling Defendants, any Judges to whom the case is assigned, and their immediate families and staffs.