Starbucks Refreshers false advertising lawsuit escapes dismissal

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Update:

• Starbucks must face a class action lawsuit that includes nine allegations of mislabeling fruit-based beverages after a New York federal judge allowed portions of the lawsuit to move forward.
• U.S. District Judge John P. Cronan ruled the plaintiffs reasonably showed many consumers could be misled by the names of the beverages.
• The at-issue beverages allegedly do not contain the mango, acai and passion fruit that are included in their names, such as the Mango Dragonfruit Lemonade Starbucks Refresher.
• The specific ingredients are important because consumers value them over the grape juice concentrate used in the drinks, the lawsuit claims.

Starbucks Refresher real fruit class action lawsuit overview: 

• Who: Joan Kominis filed a class action lawsuit against Starbucks Corporation. 
• Why: Kominis claims Starbucks falsely markets that a number of its Refresher fruit-based beverage products contain the fruit listed in their name.
• Where: The class action lawsuit was filed in New York federal court. 

(Aug. 9, 2022)

Starbucks falsely markets that a number of its Refresher products are fruit-based beverages containing the fruit listed in their name, a new class action lawsuit alleges.

Plaintiff Joan Kominis claims Starbucks markets a number of its Refresher products with the name of specific fruits despite them not containing any of that fruit. 

Kominis claims the Starbucks Refresher products, including its Mango Dragonfruit Refresher, Strawberry Acai Refresher and Pineapple Passionfruit Refresher, among others, are actually “predominantly made with water, grape juice concentrate and sugar.” 

“Based on the Products’ advertising, reasonable consumers purchase the Products with the expectation that the Products contain all the fruits clearly listed in their respective names,” the Starbucks class action states. 

Starbucks falsely and misleadingly advertises its Starbucks Refresher products to “gain a competitive edge in the market,” Kominis alleges.

Starbucks class action alleges company cheats customers with misleading Refresher marketing 

Kominis claims this alleged false marketing is done “all at the expense of unsuspecting consumers” who end up paying a premium price for the Starbucks Refresher products due to their belief they contain the fruits in their name. 

“Had Plaintiff and other consumers been aware that the Products are missing one of the named fruits, they would not have purchased the Products or would have paid significantly less for them,” the Starbucks class action states. 

Kominis claims Starbucks is guilty of unjust enrichment and breach of implied warranty and in violation of New York General Business Law and N.Y. U.C.C. Law. 

She demands a jury trial and requests declaratory relief along with an award of statutory and punitive damages for herself and all class members. 

Kominis wants to represent a New York class of individuals who have purchased a Starbucks Refresher product for personal, family or household consumption. 

Last month, Starbucks decided to pull a chicken sandwich from its menu only six days after it was unveiled over concerns the item caused customers to have diarrhea. 

Have you purchased a Starbucks Refresher product? Let us know in the comments. 

The plaintiff is represented by Robert Abiri of Custodio & Dubey LLP. 

The Starbucks Refresher real fruit class action lawsuit is Kominis v. Starbucks Corp., Case No. 1:22-cv-06673, in the U.S. District Court for the Southern District of New York.

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