Class
Action Settlement Affirms Kona Coffee Strictly Hawaiian
March 20 - 2021
Coffee Geography Magazine
For
years, roasters mainly from other states put Kona Coffee label on their
products without demonstrating it is from that region of Hawaii. Taxonomically
classified as “species Arabica sub-species Typica” or more commonly known as
Arabica Typica Kona coffee is world renown as a top quality coffee. Kona coffee
beans appear as a waxy bluish-green color in its unroasted state. Roasted, the
beans are enjoyably smooth to the palate, having a mildly acidic flavor. Kona
Coffee is grown on the Big Island of Hawaii, along the western slopes of Mauna
Loa and Hualalai. Hundreds of coffee farmers from one to hundreds of acres in
size produce a total of about 2,000,000 pounds of Kona Coffee in it’s green
(unroasted) form.

The complaint from the coffee farmers presented the results of laboratory testing
on 19 different coffee products that were marketed and sold as Kona coffee but
allegedly contained little or no coffee produced in Kona. The plaintiffs,
comprising various coffee farm and estate owners from the Kona region say the
suit is designed to prevent false labeling of coffee products while protecting
the quality association that consumers have with Kona.
“Even
though nearly 3 million pounds (1.36 million kg) of authentic green Kona coffee
is grown annually, over 20 million pounds (9.09 million kg) of coffee labeled
as ‘Kona’ is sold at retail,” the suit, filed at the State of Washingtondistrict court, states. “That is physically impossible; someone is lying about
the contents of their ‘Kona’ products.”

700
farmers now eligible to receive the first settlement payments in a federal
class action lawsuit filed against 22 big-name retailers and roasters. The
growers would receive roughly $14,000 apiece which is less significant than
commitments from 11 of the companies to abide by new rules to use the Kona label.
Roasters
must say on their packages what portion of the blends is Kona bean where rich volcanic soil, tropical
sunshine and gentle pacific breezes give the coffee its distinctive flavor and
refrain from using the Kona label at all if that figure does not meet a minimum
threshold set by Hawaiian law. Currently roasters have to set a minimum of 10%
if it is roasted in the State of Hawaii but that law is hard to enforce in
other states or countries. However, the growers are satisfied so far by the
settlement just to have the label to be used properly without counterfeit beans
as Kona.
Roasted
Kona beans is sold just above $30 a pound when farmers sell them directly to
consumers. With the name recognition, the farmers hope the settlement raises
that price to $40. Some of the world’s ultra high-end coffees retail for more
than a $100 a pound.

The
plaintiffs have invoked the Lanham Act, a 1946 U.S. trademark act designed to
protect from “false designation of origin” in the sale of consumer products. In
the current settlements, Gold Coffee Roasters located in Florida agreed to pay
$6.1 million followed by the cash settlements from Minnesota-based Cameron’sCoffee for $4.9 million. Boyer’s Coffee Company
for just over $1.125 million; Copper Moon Coffee for $360,000 and
CostPlus/World Market for $200,000.
Costcoand TJX (including Marshalls and T.J. Maxx), have settled with the plaintiffs,
agreeing to more stringent labeling and marketing requirements. The lawsuit is still
ongoing, with numerous other large defendants currently involved in litigation
ahead of a trial. Other defendants include Walmart, Amazon, Kroger, Bed Bath& Beyond, and Safeway. None of these defendants have acknowledged any
wrongdoing.
The
coffee plantations was initially introduced by missionaries in the 1820s to
Hawaii. The Hawaiian Islands are an archipelago of eight major islands, several
atolls, numerous smaller islets, and seamounts in the North Pacific Ocean,
extending some 1,500 miles (2,400 kilometers) from the island of Hawaiʻi in the
south to northernmost Kure Atoll. Formerly the group was known to Europeans and
Americans as the Sandwich Islands, a name that James Cook chose in honor of the
then First Lord of the Admiralty John Montagu, 4th Earl of Sandwich. Cook came
across the islands by chance when crossing the Pacific Ocean on his Third
Voyage, on board HMS Resolution; he was later killed on the islands on a return
visit.
The
climate of the Hawaiian Islands is tropical but it experiences many different
climates, depending on altitude and weather. The islands receive most rainfall
from the trade winds on their north and east flanks as a result of orographic
precipitation. Coastal areas in general and especially the south and west
flanks or leeward sides, tend to be drier.
In
general, the lowlands of Hawaiian Islands receive most of their precipitation
during the winter months (October to April). Drier conditions generally prevail
from May to September.[ The tropical storms, and occasional hurricanes, tend to
occur from July through November.
During
the summer months the average temperature is about 84 °F (29 °C), in the winter
months it is approximately 78,8 °F (26°C). As the temperature is relatively
constant over the year the probability of dangerous thunderstorms is
approximately low.
In
1825, King Kamehameha II, Queen Kamalumalu, the Governor General of Oahu Chief
Bogi, and others formed a delegation from the Hawaii Islands and ventured to
London. It was there that they first tasted coffee. Unfortunately it was also
in London where the King and Queen contracted measles and died. Chief Bogi
returned to the Hawaiian Islands aboard a British battleship, bringing with him
the bodies of the King and Queen. En route to the Islands, the Chief made a
stop at Rio de Janeiro, Brazil, where he obtained the coffee trees that spawned
Kona Coffee.
Upon
his return, Chief Bogi handed the trees over to an ex-West Indies settler, John
Wilkinson, who planted them on the Chief’s land in Manoa Valley on Oahu.
Unfortunately, during his lifetime, Wilkinson was unable to successfully
cultivate the tree for production of its fruits. In 1828, Father Samuel Lugress
took coffee trees with him from Manoa Valley to Kona, on the Island of Hawaii,
planting them in his yard simply for viewing pleasure.
The
Kona region provides an ideal environment for coffee cultivation. The region
where most of the coffee farms are concentrated commonly referred to as the
“coffee belt,” runs along Mamalahoa Highway which cuts across the slopes of
Hualalai and Mauna Loa from 300 to 800 meters above sea level.