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Update:
- A New York federal judge dismissed a proposed class action lawsuit against Starbucks, stating the company did not violate New York law with its labeling of French Roast Ground Coffee as 100% Arabica coffee.
- The lawsuit claimed the coffee contained more potassium than the label indicated, but Starbucks’ lawyers stated the plaintiff, Kristie Brownell, did not have the coffee tested for its potassium content.
- Attorney Spencer Sheehan has filed 18 class action lawsuits in the district since 2021 that have not proceeded beyond a motion to dismiss, U.S. District Judge Frederick J. Scullin Jr. wrote.
- The judge admonished Sheehan for filing dozens of similar cases with similar dismissals and ordered him to write a five-page response by July 28 on why he should not be reprimanded for filing continuous frivolous lawsuits in the district and elsewhere.
Starbucks potassium class action lawsuit overview:
- Who: Kristie Brownell filed a class action lawsuit against Starbucks Coffee Co.
- Why: Brownell claims Starbucks misleadingly represents the contents of its French Roast Ground 100% Arabica Coffee product due to it allegedly having a higher-than-expected potassium content.
- Where: The class action lawsuit was filed in New York federal court.
(Nov. 17, 2022)
Starbucks misleadingly represents its French Roast Ground 100% Arabica Coffee because the product allegedly contains “significantly greater than expected levels of potassium,” a new class action lawsuit alleges.
Plaintiff Kristie Brownell claims Starbucks is able to sell the coffee product at a “premium price” because of the alleged misrepresentations that it contains 100% Arabica coffee.
“Consumers are misled by the representation the Product is ‘100% Arabica Coffee’ because it is false, deceptive and/or misleading as a result of added potassium,” the Starbucks class action states.
Starbucks class action claims potassium in coffee can lead to health risks
The higher-than-expected potassium levels in the Starbucks coffee product are based on recent reports from laboratory analysis, according to the Starbucks potassium class action.
“According to those knowledgeable about coffee production, this level is likely intentional, because of potassium’s recognized use for this purpose,” the class action states.
Brownell argues added potassium in coffee can present health risks, such as hyperkalemia, for coffee drinkers with kidney issues.
She accuses Starbucks of fraud and unjust enrichment and of violating New York General Business Law, multiple state consumer fraud acts and the Magnuson Moss Warranty Act.
Brownell demands a jury trial and requests declaratory relief along with an award of monetary, statutory and/or punitive damages for herself and all class members.
She wants to represent a New York class and multistate consumer fraud class of individuals who purchased Starbucks’ French Roast Ground 100% Arabica Coffee within the statutes of limitations.
A consumer filed a separate class action lawsuit against Starbucks in August, arguing the company falsely markets that some of its fruit-based Refresher beverages contain the fruit in their product name.
Have you purchased Starbucks’ French Roast Ground 100% Arabica Coffee product? Let us know in the comments.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.
The Starbucks potassium class action lawsuit is Brownell, et al. v. Starbucks Coffee Co., Case No. 5:22-cv-01199, in the U.S. District Court for the Northern District of New York.
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87 thoughts onJudge tosses ‘frivolous’ Starbucks potassium class action
FALSE ADVERTISING. Yes I was and am affected by this.
Ridiculous lawsuit.
ADD Me
Yes I have bought it and please add e thanks
I got cups from Starbucks
Add me
Please give any potential victims respectful reciprocity due the Federal due process clause of the universal organic law of 14 amendment & of the 5 amendment the bill of rights ; The original due process rights clause.”