Starbucks Class Action Says Customers Cheated on Hot Drinks Too

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Not long after Starbucks was hit with a class action lawsuit claiming that the company underfills its iced drinks, the coffee giant is now facing another lawsuit over allegations that it doesn’t fill other drinks up to the brim.

Plaintiff Brittany Crittenden filed the proposed class action lawsuit against Starbucks in a federal court in New York accusing Starbucks of intentionally underfilling their espresso-based drinks based on a company policy that compels them to do so.

Crittenden claims she has been overcharged several times this year because her beverages were not filled to the top, falling short on giving her the volume in her drinks that she paid for. The plaintiff says she was missing two ounces in her Tall Chai Tea Latte, costing her an additional $0.58 for product she didn’t receive and another $0.73 for three ounces that were missing from her Venti White Chocolate Mocha Latte.

Starbucks drinks come in three sizes: Tall (12 ounces), Grande (16 ounces) and Venti (20 ounces). Unless they are filled to the rim, Crittenden claims, then the drinks are not being sold at their advertised volume.

In her complaint, Crittenden says that Starbucks has been underfilling its drinks since 2009, when a standardized recipe was instituted in the company to save on the cost of milk. In the recipe, baristas are given specific measurements for milk, coffee syrup, foam and other ingredients included in hot beverages. When the recipes are followed, the drinks contain less than advertised, Crittenden says.

“Additionally, Starbucks’ policy prohibits baristas from filling any hot beverage up to the rim of the cup,” the complaint states.

The plaintiff goes on to say that the underfilling practice has been in place for years and the coffee company is charging customers for additional product that is not included in the purchase.

“Without correcting its material misrepresentations or omissions, Defendant has overcharged Plaintiff and Class members, and continues to do so, without warning Plaintiff and Class members that Starbucks espresso beverages contain less ounces per serving size than Defendant otherwise advertises,” the court documents read.

Crittenden brings forth six counts against Starbucks on behalf of herself and the proposed Class including breach of warranty, violations of New York General Business Law, fraudulent concealment/fraudulent inducement, negligent misrepresentation and unjust enrichment.

The proposed Class includes “all persons or entities in New York who purchased latte and mocha beverages from Starbucks stores located throughout the state of New York from 2010 to the present,” and Crittenden believes this could include millions of individuals.

The plaintiff is seeking a trial by jury as well as a variety of damages including actual, general, special, incidental, statutory, punitive, treble and consequential. She is also seeking attorneys’ fees and costs in addition to injunctive relief.

A similar proposed class action lawsuit was filed against Starbucks in March alleging that its lattes were underfilled, and accused the company of breaching express and implied warranties as well as unjustly enriching itself.

Last month, the tables turned to target Starbucks’ cold drinks when a proposed class action lawsuit was filed alleging that the drinks contain so much ice that the drinks are grossly underfilled. The plaintiffs claimed that a 24 ounce drink actually contains only 14 ounces of the cold drink when measured.

The plaintiff is represented by Brittany Weiner and Murray Friedman of Imbesi Law P.C.

The Starbucks Underfilled Hot Beverages Class Action Lawsuit it Brittany Crittenden v. Starbucks Corporation, Case No. 1:16-cv-03496, in the U.S. District Court for the Southern District of New York.

UPDATE: On May 26, 2016, Starbucks filed a motion with the Judicial Panel on Multidistrict Litigation to transfer all underfilled drinks class action lawsuits to Washington, arguing that it would be more convenient for depositions. 

UPDATE 2: On Aug. 5, 2016, the Judicial Panel on Multidistrict Litigation ruled that the class action lawsuits alleging Starbucks intentionally underfills lattes and other coffee drinks will not be merged into one centralized case.