Keurig Owes Consumers $10M Over ‘Recyclable’ K-Cup Pods

The buzz you get from your daily cuppa might be buzzkill for the environment. This isn’t common knowledge to many consumers—after all, they’re often told their single-serving pods are easily recyclable.

Some Keurig drinkers have been of the view that, when they are done with their K-Cup pods, the capsules could be processed without a hitch by a recycling center or simply tossed into a recycling bin. What they’ve found is that the containers have to be disassembled, and even if they accomplish that, the pods might still be rejected by the processing centers. In 2018, plaintiffs filed a class-action lawsuit in District Court in Northern California against Keurig’s parent company, Keurig Dr. Pepper, for false advertising.

Now, eligible customers in the US can file a claim for part of a US$10 million payout, following a fairness hearing last week that led to the final approval for settlement, CNET reports.

Consumers argued that Keurig misled people by printing, “Have your cup and recycle it, too,” on its pods, as well as attached them with recycling instructions.

It’s worth stressing that K-Cups are recyclable, but it will take several steps to break them down. The user will first have to peel off the foil caps, before tossing away the leftover coffee grounds and washing the pods.

The lawsuit claimed that many recycling facilities won’t take in the capsules as the pods are too small to be processed and there’s not enough of a market for the material, polypropylene. Companies will also turn away pods with food residue and metal contaminants.

The plaintiffs added that had they known K-Cups weren’t as recyclable as advertised, they’d have looked elsewhere for sustainable alternatives instead of getting Keurig pods.

Keurig neglected to let consumers know about “the extremely limited chance that the products will ultimately be recycled,” reads the complaint.

According to Consumer Reports, about 64.6 million coffee pods are consumed every day. With Starbucks, Dunkin’, and Kroger as some of its partnering K-Cup manufacturers, Keurig is one of the main players in the industry.

Keurig fought the case by asserting that reasonable shoppers should know that K-Cups couldn’t be recycled just anywhere. Its argument was rejected by the court.

While the company denied any wrongdoing, in February it agreed to pay affected customers US$10 million, as ordered by the court.

Keurig also promised to declare that K-Cups are “not recycled in many communities” in larger font on its packaging.

Those eligible to join as class members are customers who purchased K-Cup single-serving capsules labeled as recyclable in the US from June 8, 2016, to August 8, 2022. The K-Cups should have also been obtained for household use. If you’re qualified, you can fill out this form to submit a claim.

Affected consumers will have until January 9, 2023, to send in their applications.

No proof of purchase is required. However, it’s an offense to file a false claim; filings are submitted under penalty of perjury, which will make the signer guilty of a crime if their statement is found to be dishonest.

Whether you present proof of purchase will also determine your share of the payout. Those who are able to give a receipt or invoice can get a refund of US$3.50 per 100 pods purchased, with a minimum payment of US$6 and a maximum of US$36. Without anything to back your claim, you’ll be able to get up to US$5 per household.

If there are funds left in the settlement, Keurig will hand 75% of the remaining amount over to Ocean Conservancy and the other 25% to Consumer Reports.

Keurig now asserts on its website that 100% of its K-Cups are recyclable as of 2020, and that tests have proven that 90% of recycled capsules have the potential to be processed and converted into recycled, usable plastic.

The brand has also added easy-peel lids on select products to simplify the process for consumers.

[via CNET and Top Class Actions, cover photo 182616781 © Arne Beruldsen | Dreamstime.com]