Starbucks must face trimmed class action over sprouted grain bagels

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update:

• Starbucks must face a class action related to its sprouted grain bagels after a federal judge ruled against its motion to dismiss the lawsuit.
• U.S. District Judge J. Paul Oetken ruled that because the bagels contained some sprouted grain and its full ingredients list on the back of the package was accurate, it did not mean labeling them as sprouted grain bagels was misleading even if they allegedly contain more non-sprouted grains than sprouted grains.
• However, Judge Oetken ruled plaintiff Eric Schleyer can claim a price premium injury because he can compare the price of the Starbucks bagels to other companies’ sprouted grain bagels and show other companies produce bagels predominantly made with sprouted grains.

Starbucks Sprouted Grain bagel class action overview: 

• Who: Two bagel consumers are suing Starbucks.
• Why: The plaintiffs say Starbucks sells a “sprouted grain bagel” that contains minimal sprouted grains.
• Where: The Starbucks Sprouted Grain bagel was filed in a New York federal court.

(Jan. 4, 2023)

Starbucks sells a sprouted grain bagel that contains minimal sprouted grains, deceiving customers into paying more, a new class action lawsuit alleges.

Plaintiffs Eric Schleyer and Emilyn Mishkan filed the class action complaint against Starbucks Corp. on  Dec. 28 in a New York federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, Starbucks makes and sells a sprouted grain bagel. 

However, the plaintiffs allege, this representation misleads consumers into believing sprouted grains are used as the sole, or at least primary, source of grain in the product.

“Unbeknownst to consumers however, the Product is made primarily with traditional, non-sprouted grains,” the lawsuit alleges.

Plaintiffs say they paid a premium for sprouted grains they didn’t get

The plaintiffs say they and other consumers purchased the product and paid a premium price for it based upon their reliance on Starbucks advertising it as “Sprouted Grain.” 

Both of the plaintiffs — one of whom lives in New York and the other in California — say they bought the bagel thinking it contained mostly sprouted grain.

“Had Plaintiffs and other consumers been aware that the Product is made primarily with traditional, non-sprouted grains, they would not have purchased the Product or would have paid significantly less for it,” they say.

The plaintiffs seek to represent a nationwide class of consumers who bought the bagel, plus a California class and a New York class.

They are suing under state consumer laws and for breach of warranty and unjust enrichment. They seek certification of the class action, damages, fees, costs and a jury trial.

Starbucks and Target were hit last year with class action lawsuits alleging they sold beverages that contained recalled Oatly brand oat milk, potentially causing customers to become sick due to bacteria contamination. 

Did you buy a Starbucks Sprouted Grain bagel thinking it was made of sprouted grain? Let us know in the comments! 

The plaintiffs are represented by Robert Abiri of Custodio & Dubey LLP and Benjamin Heikali of Treehouse Law LLP.

The Starbucks class action lawsuit is Eric Schleyer, et al. v. Starbucks Corp., Case No. 1:22-cv-10932-JPO, in the U.S. District Court for the Southern District of New York. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Kind class action alleges granola falsely advertised as high in fiber
• Schwan’s class action claims Edwards créme pies falsely advertised as preservative-free
• Granola sold at Topco, SEG stores recalled due to potential almond contamination
• Nuts.com class action alleges website inaccessible to blind, visually impaired consumers