Marcia Sorin v. The Folger Coffee Company
Split Score
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Case Summary
Disposition
Reversed
The Eighth Circuit reversed the district court’s order certifying a Missouri class of purchasers who claimed Folgers Coffee misrepresented how many six-ounce cups its containers could brew. The panel held that individual issues of causation and ascertainable loss under the Missouri Merchandising Practices Act (MMPA) and unjust-enrichment law would overwhelm common questions, making class treatment inappropriate.
Circuit Split Identified
Legal Issue
Whether a price-premium/price-inflation theory, without individualized proof of deception or reliance, can satisfy the ‘ascertainable loss’ or injury requirement and allow predominance for class certification in consumer-protection suits (including under the MMPA).
Circuit Positions
Price-premium theory alone does NOT satisfy ascertainable loss; individualized causation inquiries predominate, making class certification improper.
Price-premium theory CAN satisfy ascertainable loss and support predominance, permitting class certification.
Conflict Summary
The Eighth and Third Circuits require each class member to show an ascertainable loss causally connected to the allegedly deceptive practice; mere payment of an allegedly inflated price is insufficient. The Eleventh Circuit, in a divided opinion, accepted a price-premium theory and allowed certification without individualized proof of deception, effectively treating the alleged market-wide overcharge as a common injury.