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Item 1. Legal Proceedings

2022-03-17 compared with 2021-09-13 · 38 added, 4 removed, 1 unchanged (98% of the section changed)

LEGAL PROCEEDINGS.

regarding reportable legal proceedings is contained in Part I, Item 3, “Legal Proceedings,” in our Annual Report on Form

10-K for the year ended October 31, 2020.

There have been no material changes to the legal proceedings previously disclosed in the Annual

Report on Form 10-K for the year ended October 31, 2020, which are incorporated by reference herein.

were named as a defendant in a putative class action lawsuit filed in the United States District Court for the Northern District of Illinois

(the “Court”) on or about December 21, 2020.

The plaintiffs, Eileen Brodsky and Rhonda Diamond, purported to represent a

class of individuals who purchased coffee products at one of our supermarket customers, generally allege that such client sold private

label coffee products manufactured by us and one of our partners, which falsely described the number of cups of coffee that could be

made from the amount of product purchased.

These parties were also named as defendants in the action.

The complaint asserted a variety

of claims under New York and California consumer protection laws, and seeks unspecified monetary damages, including disgorgement and

restitution, as well as other forms of relief including class certification, declaratory and injunctive relief, attorneys’ fees,

and interest.

We believe the allegations in the complaint are wholly without merit and that the claims asserted are legally deficient,

and the company intends to vigorously defend the action.

On September 28, 2021, the Court entered an order granting our motion to dismiss

with prejudice (the “Dismissal Order”).

In the Dismissal Order, the Court stated that no reasonable coffee drinker would

be deceived by our packaging.

The plaintiffs filed an appeal with the 7 th Circuit Court of Appeals (the “Appeal”).

After the Appeal was filed, we settled the matter during mediation in late January 2022 and the Appeal was dismissed.

significant customer of ours was named as a defendant in a putative class action lawsuit filed in the United States District Court for

the District of Massachusetts (the “Massachusetts District Court”) on or about February 2, 2021, concerning the labeling

on private label coffee productions we sold to the customer.

The plaintiff, David Cohen, purporting to represent a class of individuals

who purchased coffee products from our customer, generally allege that the customer sold private label coffee products manufactured by

us which falsely described the number of cups of coffee that could be made from the amount of product purchased.

We are not named as

a defendant in the action, but we have agreed to indemnify the customer for the costs and expenses incurred in defending the lawsuit

and for any liability the customer may suffer as a result.

The complaint asserts a variety of claims under Massachusetts consumer protection

laws, and seeks unspecified monetary damages as well as other forms of relief including class certification, declaratory and injunctive

relief, attorneys’ fees, and interest.

We believe the allegations in the complaint are wholly without merit and that the claims

asserted are legally deficient, and we intend to vigorously support the customer in defending the action.

On February 28, 2022, the

Company and the plaintiff, in his individual capacity and not on behalf of a presumptive class, resolved the matter in principle and

have reported the agreement in principle to the Massachusetts District Court.

The parties are presently negotiating the final details

of a settlement agreement to finalize the settlement.

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.

What changed 10-Q

Item 1. Legal Proceedings