1st Circ. Gives Coffee Buyers 2nd Shot At False Ad Suit

Law360 (August 9, 2019, 3:03 PM EDT) -- The First Circuit has revived a false advertising suit accusing Reily Foods unit New England Coffee of deceiving customers by hiding that its hazelnut crème coffee doesn't contain hazelnuts, saying a reasonable customer may not think to dig into the ingredients label looking for the nuts.

In a split panel decision Thursday, Judge William J. Kayatta Jr., writing for the majority, said that while the Massachusetts district court dismissed Kathy Dumont's proposed class action because the back of the Hazelnut Crème Coffee package did not list hazelnuts and stated it contained artificial flavoring, the name of the product could be taken...

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