Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, April 30, 2013
Kona Coffee Farmers 'Disappointed' by Safeway Blending Lawsuit Settlement
By News Release @ 8:11 AM :: 4548 Views :: Agriculture

NEWS RELEASE FROM KONA COFFEE FARMERS ASSOCIATION 

Safeway Stores has settled a federal court lawsuit brought by a California consumer alleging damages from deceptive labeling of “Safeway Select Kona Blend Coffee”.

In August of 2011, California resident Chanee Thurston filed a class action complaint stating that she and other consumers had been mislead by the labeling of “Safeway Select Kona Blend Coffee ” packages which did not disclose that any of the coffee contained in the packages was grown in regions other than Kona on the Island of Hawaii.  The plaintiff alleged that, in fact, these Kona Blend packages contained only a small proportion of Kona beans, if any, and that the vast majority of the coffee was from other unidentified regions.   The complaint sought recovery of more than $5,000,000 for consumers who purchased “Safeway Select Kona Blend Coffee” after August 30, 2007.

Safeway in response asserted that use of the words “Kona Blend” did not indicate that a majority of the beans in the package were grown in Kona and that those words fairly alerted consumers that the packages contained a mix of other different types of unidentified coffees in addition to Kona beans. Safeway also contended that the relief sought by Ms. Thurston should be limited because in 2012 (in response to actions of the Kona Coffee Farmers Association) Safeway had increased the Kona coffee in the blend to a minimum of 10% and changed the labels to reflect that minimum 10% and to disclose that up to 90% of the contents was Latin American-grown coffee.

After almost two years of litigation, including extensive discovery and expenditure of considerable legal resources by both sides, the parties have reached an agreed resolution of the case.  With a hearing on potentially dispositive cross motions for summary judgment scheduled for June 7, 2013, the lawyers for Ms. Thurston and for Safeway filed an agreed stipulation for dismissal of the case on March 21, 2013.  The papers in the court file do not disclose the terms—monetary or otherwise--agreed by Safeway and Ms. Thurston in connection with the settlement of the lawsuit.

The stipulated dismissal settles only the claims between Ms. Thurston and Safeway--and prevents the court from proceeding to decide important legal issues raised by the class action allegations in the Complaint.  Dismissal of the case leaves thousands of consumers (other than Ms. Thurston) who purchased “Safeway Select Kona Blend Coffee” after August 30, 2007, with no recovery for the damages described in the Complaint.

Kona coffee growers are disappointed that the stipulated dismissal leaves unresolved what they believe is the key question raised by the lawsuit—that is, Does use of the name “Kona” on packages of coffee containing little, if any, coffee actually grown in Kona violate federal and state consumer protection and fair marketing laws?

Kona Coffee Farmers Association President Cecelia Smith observed, “Kona coffee growers had hoped that a court decision on the legal issues in the Safeway case would encourage the Hawaii Legislature and the Hawaii Attorney General to begin providing the types of protections that, for example, California provides to Napa Valley Wine, Idaho to Idaho Potatoes, and Georgia to Vidalia Onions.  We are disappointed that there was no court decision on the issues presented by this case.”

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT