Christina Spicer  |  February 5, 2021

Category: Food

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Starbucks hit with class action lawsuit over fake vanilla frappuccinos

A Rhode Island man says that he and other consumers were duped into purchasing Starbucks’ vanilla frappuccinos made with fake flavoring instead of real vanilla.

Lead plaintiff, Glen Skalubinski, filed the class action lawsuit after buying the beverage at a supermarket in Massachusetts, claiming that Starbucks deceptively labels its “Vanilla With Other Natural Flavors Starbucks Frappuccino Chilled Coffee Drink.” He’s accusing the coffee giant of breaking both Massachusetts and federal food labeling laws.

“Defendant has misled Plaintiff and reasonable consumers to believe the Product contains vanilla as the ingredient that provides for the Product’s characterizing vanilla flavor,” states the lawsuit. “In reality, the Product contains ‘natural flavor,’ not vanilla, as the ingredient that provides for the Product’s characterizing vanilla flavor.”

Skalubinski says that he purchased the vanilla frappuccinos on several occasions, claiming that he reasonably believed that the product contained vanilla. Skalubinski feels deceived by Starbucks’ labeling practices and claims that he would not have purchased or paid as much for the frappuccino if he knew it was flavored with fake ingredients.

“Defendant’s labeling of its Product as if it contains vanilla as an ingredient, without reference to any wording that would inform reasonable consumers that the Product does not contain vanilla as an ingredient is deceptive, misleading, and unjust,” states the class action lawsuit.

Skalubinski  points to Starbucks’ vanilla frappuccinos label which reads: “Vanilla With Other Natural Flavors.” Skalubinski says that he and other reasonable consumers would think that there is real vanilla in the beverage due to this labeling.

The class action lawsuit also contends that federal and state food labeling regulations require Starbucks to disclose that the product is not flavored with real vanilla on its front label. The lawsuit points to an example in the Food Drug and Cosmetic Act – strawberries in strawberry shortcake. Under the FDCA regulations, if such a product is flavored with real strawberries, it can be labeled as “strawberry shortcake”; however, if this product is not flavored with real strawberries it must be labeled as “strawberry flavored shortcake.”

“[B]y law,” argues the plaintiff, “Defendant must disclose that the Product is flavored on the Product’s front label. Defendant has failed to make such a disclosure and therefore is not in compliance with the law.”

The class action lawsuit also accuses Starbucks of violating state consumer protection law and unjust enrichment.

The plaintiff seeks to represent other Massachusetts consumers who purchased the allegedly fake vanilla Frappuccinos from Starbucks. Skalubinski is seeking damages, including disgorgement of profit, along with attorney fees.

Have you tried Starbucks’ vanilla frappuccinos? Did you think they were flavored with real vanilla? Tell us in the comment section below!

The lead plaintiff and proposed Class Members are represented by John T. Longo of the Law Office of John T. Longo and Peter N. Wasylyk of the Law Offices of Peter N. Wasylyk.

The Starbucks Fake Vanilla Class Action Lawsuit is Glen Skalubinski v. Starbucks Coffee Company, Case No. 1:21-cv-10197, in the U.S. District Court for the District of Massachusetts.

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1,283 thoughts onStarbucks Hit With Class Action Lawsuit Alleging Fake Vanilla Frappuccinos

  1. kenneth konias says:

    please add me

  2. denise luczak says:

    add me to class action suit please

  3. renee konias says:

    add me please

  4. Amberlie Forrester says:

    Add me

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