Starbucks Cold and Iced Drinks

November 2016: A federal judge denied plaintiff’s motion to file an amended complaint because the motion did not include any new material allegations or argument.

October 2016: A federal judge granted Starbucks motion to dismiss the complaint for failure to state a claim. The judge concluded that a menu listing the size of an iced drink in fluid ounces when the drink includes ice does not constitute a deceptive statement because “a reasonable consumer who purchases an ‘iced’ drink, expects there to be ice in the drink.” The complaint was dismissed without prejudice.

April 2016: A class-action lawsuit was filed against Starbucks for allegedly misrepresenting and overstating the number of fluid ounces in cold and iced drinks. According to the complaint, ice is used to fill the cups to the top and the drinks often contain “nearly half as many fluid ounces” as represented. (Pincus et al v. Starbucks Corp., Case No. 16-cv-4705, N. D. IL.)

For more information about other class-action lawsuits filed against Starbucks and TINA.org’s coverage of the company, click here.

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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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