−Removed: were named as a defendant in a putative class action lawsuit filed in the United States District Court for the Northern District
−Removed: of Illinois on or about December 21, 2020.
−Removed: The plaintiffs, Eileen Brodsky and Rhonda Diamond, purporting to represent a class
−Removed: of individuals who purchased coffee products at one of our supermarket customers, generally allege that such
−Removed: client sold private label coffee products manufactured by us and one of our partners, which falsely described the number
−Removed: of cups of coffee that could be made from the amount of product purchased.
−Removed: These parties are also named as defendants in
−Removed: The complaint asserts a variety of claims under New York and California consumer protection laws, and seeks unspecified
−Removed: monetary damages, including disgorgement and restitution, as well as other forms of relief including class certification, declaratory
−Removed: and injunctive relief, attorneys’
−Removed: fees, and interest.
−Removed: We believe the allegations in the complaint are wholly without merit
−Removed: and that the claims asserted are legally deficient, and the company intends to vigorously defend the action.
−Removed: As of the filing
−Removed: of this Form 10-K, we have not been served with the complaint.
−Removed: Therefore, we are unable to predict the ultimate outcome of this
−Removed: significant customer of ours was named as a defendant in a putative class action lawsuit filed in the United States District Court
−Removed: for the District of Massachusetts on or about February 2, 2021, concerning the labeling on private label coffee productions we
−Removed: sold to the customer.
−Removed: The plaintiff, David Cohen, purporting to represent a class of individuals who purchased coffee products
−Removed: from our customer, generally allege that the customer sold private label coffee products manufactured by us which falsely described
−Removed: the number of cups of coffee that could be made from the amount of product purchased.
−Removed: We are not named as a defendant in the action,
−Removed: but we have agreed to indemnify the customer for the costs and expenses incurred in defending the lawsuit and for any liability
−Removed: the customer may suffer as a result.
−Removed: The complaint asserts a variety of claims under Massachusetts consumer protection laws, and
−Removed: seeks unspecified monetary damages as well as other forms of relief including class certification, declaratory and injunctive
−Removed: relief, attorneys’
−Removed: fees, and interest.
−Removed: We believe the allegations in the complaint are wholly without merit and that the
−Removed: claims asserted are legally deficient, and we intend to vigorously support the customer in defending the action.
−Removed: As of the filing
−Removed: of this Form 10-K, we are unable to predict the ultimate outcome of this lawsuit.
+Added: were named as a defendant in a putative class action lawsuit filed in the United States District Court for the Northern District of Illinois
+Added: (the “Court”) on or about December 21, 2020.
+Added: The plaintiffs, Eileen Brodsky and Rhonda Diamond, purporting to represent a
+Added: class of individuals who purchased coffee products at one of our supermarket customers, generally allege that such client sold private
+Added: label coffee products manufactured by us and one of our partners, which falsely described the number of cups of coffee that could be
+Added: made from the amount of product purchased.
+Added: These parties are also named as defendants in the action.
+Added: The complaint asserts a variety
+Added: of claims under New York and California consumer protection laws, and seeks unspecified monetary damages, including disgorgement and
+Added: restitution, as well as other forms of relief including class certification, declaratory and injunctive relief, attorneys’ fees,
+Added: and interest.
+Added: We believe the allegations in the complaint are wholly without merit and that the claims asserted are legally deficient,
+Added: and the company intends to vigorously defend the action.
+Added: On September 28, 2021, the Court entered an order granting our motion to dismiss
+Added: with prejudice (the “Dismissal Order”).
+Added: In the Dismissal Order, the Court stated that no reasonable coffee drinker would
+Added: be deceived by our packaging.
+Added: We are currently awaiting a ruling on the plantiff’s appeal.
+Added: significant customer of ours was named as a defendant in a putative class action lawsuit filed in the United States District Court for
+Added: the District of Massachusetts on or about February 2, 2021, concerning the labeling on private label coffee productions we sold to the
+Added: The plaintiff, David Cohen, purporting to represent a class of individuals who purchased coffee products from our customer,
+Added: generally allege that the customer sold private label coffee products manufactured by us which falsely described the number of cups of
+Added: coffee that could be made from the amount of product purchased.
+Added: We are not named as a defendant in the action, but we have agreed to
+Added: indemnify the customer for the costs and expenses incurred in defending the lawsuit and for any liability the customer may suffer as
+Added: The complaint asserts a variety of claims under Massachusetts consumer protection laws, and seeks unspecified monetary damages
+Added: as well as other forms of relief including class certification, declaratory and injunctive relief, attorneys’ fees, and interest.
+Added: We believe the allegations in the complaint are wholly without merit and that the claims asserted are legally deficient, and we intend
+Added: to vigorously support the customer in defending the action.
+Added: As of the filing of this Form 10-K, we are unable to predict the ultimate
+Added: outcome of this lawsuit.
SAFETY DISCLOSURES
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.