BOSTON — A Massachusetts man has sued a supermarket chain he alleges overstated the number of cups of coffee that could be made from a store brand can of coffee.

The lawsuit filed Tuesday in federal court in Boston alleges the Market Basket cans which contain roughly 11 ounces of coffee are labeled as containing enough coffee to brew 79 cups in the case of regular or 76 cups in the case of decaffeinated, WCVB-TV reported.

But the lead plaintiff in the lawsuit, David Cohen, of Weymouth, alleges when he follows the directions on the can he can brew only 39 and 37 cups respectively.

“This means that consumers of the products, including plaintiff, were cheated out of 51 percent of the servings they paid for, in both cases, based on the advertising, marketing, and labeling of the products,” the lawsuit said.

The lawsuit says there are possibly tens of thousands of potential plaintiffs, and is asking for at least $25 in damages for each one.

Market Basket has two locations in Maine, one in Biddeford and one in Westbrook.

A spokesperson for Tewksbury-based company said the chain no longer sells the coffee in question.

“The label referenced in the lawsuit is no longer in our stores,” the spokesperson said. “We believe the lawsuit has no merit.”


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