Keurig attempted to have the case dismissed based on multiple reasons, including their First Amendment right to state their product is recyclable and that Smith had not suffered an actual injury because of the company’s labeling, which does tell consumers to “check locally” for recycling facilities.
United States District Judge Haywood S. Gilliam denied the company’s dismissal, stating in his decision, “Plaintiff [Kathleen Smith] alleges that the Pods are not recyclable anywhere….unless this dispute of fact is resolved in Defendant’s [Keurig’s] favor, a proposed class of people who purchased the Pods does not seem overbroad, as everyone who purchased the Pods, regardless of the capabilities of their local MRFs, [municipal recycling facilities] would be affected.”