He also dismissed Strumlauf and Robles’ claim for injunctive relief where they alleged they were “induced” to buy the lattes owing to Starbucks’ misrepresentations and would not have bought them had they known the lattes were underfilled.
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A judge in San Fransisco has given the green light for two angry customers to pursue a national class action lawsuit seeking damages from the coffee chain. The lawsuit says Starbucks instituted a recipe in 2009 to create smaller lattes in order to save money on milk. The plaintiffs say this conflicts with Starbucks’ promise that tall, grande, and venti lattes contain 12, 16, and 20 ounces, respectively.
Since then, baristas have been instructed to use undersized milk measures that leave a quarter of an inch empty in each cup, the papers claim.
According to the lawsuit, Starbucks is cheating customers by 25 percent by not actually filling its cups up to size.
Lawyers for the plaintiffs did not immediately respond on Monday to requests for comment.
Starbucks spokeswoman, Jaime Riley, said the iced-coffee lawsuit was “without merit”, in an email statement.
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In May, another lawsuit was brought against Starbucks – this time by a Chicago woman who claimed that she was served too much ice and too little caffeine in her Starbucks’ cold beverages. All of our handcrafted beverages are made in accordance with our customers’ preferences.
