If Starbucks puts too much ice in your drink, that’s too damn bad.
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U.S. District Judge Percy Anderson tossed the suit in an August 19 decision (PDF), report the Wall Street Journal Law Blog, Consumer Affairs and Grub Street.
Filed back in May in California federal court, the suit alleged Starbucks misrepresents the size of its iced beverages: While the menu advertises a tall as 12 ounces and a grande as 16 ounces, et al, the plaintiffs said that customers were being defrauded because ice takes up approximately half of that volume.
Instead, as shown in paragraph 27 of the Complaint, Starbucks lists the sizes of its “drinks”, not, as Plaintiff attempts to allege in paragraph 45 of the Complaint, for instance, that Starbucks has made a representation about the size of its “beverages”, and that a reasonable consumer would understand that a beverage must only be a reference to the “drinkable liquid”.
One California judge is not here for a man’s lawsuit that claims Starbucks’ iced drinks cheat consumers by using too much ice.
“As young children learn, they can increase the amount of beverage they receive if they order ‘no ice, ‘” the judge said.
Starbucks reportedly faces a similar lawsuit in IL for allegedly underfilling iced drinks.
This cuts the number of lawsuits accusing Starbucks of drink-size fraud down to three: the other ice suit, plus two claiming it underfills hot drinks by over-aerating the milk. Attorneys for Starbucks have until Thursday to file a motion to dismiss the case.
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A couple has iced coffee drinks at a Starbucks Coffee shop in lower Manhattan August 21, 2009 in New York City. They can also ask for light ice or extra ice when placing their order.
