Black Rifle Coffee has asked a California federal judge to dismiss a proposed consumer class action accusing the company of misleading buyers into believing its coffee beans are sourced in the United States, arguing that its patriotic branding reflects values, not geographic origin.
In a motion filed Jan. 9, the military-themed coffee company urged the court to throw out claims brought by consumers Justin Bakker and Noah Lundgren, who allege that Black Rifle’s use of an American flag and the slogan “America’s Coffee” deceives shoppers who want to purchase U.S.-made products.
The plaintiffs contend that Black Rifle violates California law by marketing its products in a way that implies domestic origin, despite selling coffee made from beans grown outside the United States. They cite California Business and Professions Code Section 17533.7, which restricts the use of phrases such as “Made in USA” or similar representations for products that are substantially manufactured or produced abroad.
Black Rifle countered that its packaging makes no express or implied claims about where its coffee beans are grown, harvested, or produced. The company emphasized that its labels do not include phrases like “Made in America,” “American-made,” or “Made in the USA,” and therefore do not fall within the scope of the statute cited by the plaintiffs.
“The American flag and the phrase ‘America’s Coffee’ serve an obvious purpose,” the company said in its memorandum. “They communicate Black Rifle Coffee’s patriotic mission and support for U.S. military veterans, not the geographic origin of coffee beans.”
The company argued that no reasonable consumer would believe coffee beans are grown on the U.S. mainland, noting that coffee cultivation is largely limited to regions outside the continental United States and that most coffee grown in Hawaii is exported overseas.
Black Rifle further described the branding as non-actionable puffery, asserting that the slogan reflects the company’s identity and values rather than making factual claims about product characteristics.
“When viewed in context with other exaggerated Americana and military imagery on the packaging, the slogan conveys patriotism and brand ethos,” the company said. “It does not represent that the coffee itself is domestically grown.”
The plaintiffs have asserted claims under California’s Unfair Competition Law, False Advertising Law, and Consumer Legal Remedies Act, along with New York consumer protection statutes.
Oral argument on the motion to dismiss is scheduled for April 6.
Representatives for Black Rifle Coffee and counsel for the plaintiffs did not immediately respond to requests for comment. One attorney for the plaintiffs declined to comment.
The plaintiffs are represented by Ryan J. Ellersick and Zain A. Shirazi of Zimmerman Reed LLP.
Black Rifle Coffee is represented by Stuart Richter, Christopher Cole, Eric Werlinger, and Trevor T. Garmey of Katten Muchin Rosenman LLP, along with Timothy Parlatore of Parlatore Law Group LLP.
The case is Justin Bakker et al. v. Black Rifle Coffee Co. LLC et al., case number 2:25-cv-03193, in the U.S. District Court for the Eastern District of California.
