Latte Lawsuit Moves Forward

Judge says that Starbucks can be sued for underfilling lattes.

June 22, 2016

NEW YORK – Reuters reports that two customers may pursue a lawsuit against Starbucks, claiming the coffee chain shortchanges customers by underfilling lattes.

In a decision last week, U.S. District Judge Thelton Henderson in San Francisco said the California plaintiffs may seek damages from Starbucks in their proposed class action, including for fraud and false advertising, Reuters says.

The plaintiffs said Starbucks uses pitchers for heating milk with "fill to" lines that are too low, and to leave 1/4 inch of free space in cups. They said that this ends up shorting customers because the chain’s cups for tall, grande and venti lattes hold 12, 16 and 20 ounces, respectively.

"This is not a case where the alleged deception is simply implausible as a matter of law," Henderson wrote. "The court finds it probable that a significant portion of the latte-consuming public could believe that a 'Grande' contains 16 ounces of fluid."

In May, a similar lawsuit was filed against Starbucks. A Chicago woman is suing the company for $5 million, claiming it shortchanges customers by adding too much ice to chilled beverages.

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