Ashley Milano  |  May 31, 2016

Category: Consumer News

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starbucks class actionStarbucks is seeking to consolidate and transfer a number of recent putative class action lawsuits that allege the premier coffee retailer intentionally serves drinks that are underfilled, shortchanging customers as a result.

In its motion filed May 26 with the Judicial Panel on Multidistrict Litigation (JPML), Starbucks argues that a transfer is warranted since the lawsuits all raise common issues of fact and have substantively identical factual allegations and legal claims which would be best served by consolidating and transferring the cases to Washington state.

Starbucks further argues that transfer will be more convenient for witnesses and the parties, since other than the named plaintiffs, the only fact witnesses are likely to be Starbucks employees and making these employees available for multiple depositions in separate actions would be “highly disruptive” and “impractical.”

“Because of the common factual allegations, it is a near certainty that discovery in all of the actions will involve most, if not all, of the same topics and the same witnesses,” the motion says. “Transferring the cases will ensure coordinated discovery and eliminate duplicative discovery on these and other factual issues.”

According to the motion to consolidate, at least four class action lawsuits have been filed against Starbucks since March, all alleging that beverages are underfilled and served in cups that are not large enough to contain the quantity of liquid stated on the menu boards.

Plaintiffs in two of the actions also allege that certain ingredients, milk foam in lattes and ice in iced beverages, do not count toward the beverage quantity and that it is deceptive for Starbucks to include those ingredients when identifying the size of the beverages.

The four proposed consumer class action lawsuits are now pending in separate districts – the Northern District of California, the Northern District of Illinois, the Southern District of New York and the Central District of California (once removed from Los Angeles Superior Court).

The cases all assert causes of action for breach of warranty, unjust enrichment, negligent misrepresentation, fraud and violation of statutory consumer protection claims for false advertising and unfair competition.

By consolidating and transferring these lawsuits to one court, Starbucks argues both parties will reduce the chances of inconsistent rulings for pre-trial matters like class certification, as well as avoid duplicative discovery.

Starbucks, the largest coffee retailer in the world, offers three sizes of drinks — Tall, Grande, Venti and Trenta — which correspond to 12, 16, 24 and 30 fluid ounces, respectively. These fluid ounce measurements are advertised in the store.

The latest complaint was filed last week alleging the coffee chain uses too much ice in its cold drinks.

Plaintiff Alexander Forouzesh’s proposed class action lawsuit, filed in Los Angeles Superior Court, seeks unspecified damages for a Class of California consumers who purchased Starbucks’ iced beverages since April 2006.

Forouzesh alleges that although Starbucks advertises its cold drinks by fluid ounce, the numbers are only accurate when ice is added to a drink. He accuses Starbucks of overcharging customers for underfilled drinks.

“Starbucks’ advertising practices are clearly meant to mislead customers when combined with the standard practice of filling a cold drink cup with far less liquid than the cup can hold,” the lawsuit says, adding that “cold drinks are underfilled to make money and higher profits, to the detriment of consumers.”

Additionally, Forouzesh contends that since Starbucks’ iced beverages are priced higher than their hot counterparts, “essentially, Starbucks is not only underfilling its cold drinks compared to how they are advertised, but is charging a premium price for them as well.”

In April, plaintiff Stacy Pincus filed a class action against the company in Northern Illinois Federal Court, claiming Starbucks’ cold drinks are almost half ice. Pincus says that Starbucks customers who order cold drinks are actually getting far less than the advertised fluid ounces because the company fills a large portion of the cup with ice.

And in March, two Starbucks regulars filed a class action lawsuit in the U.S. District Court of Northern California, claiming that Starbucks knowingly and systematically serves customers lattes that are 25 percent smaller than the menu claims.

Plaintiffs Siera Strumlauf and Benjamin Robles allege that Starbucks doesn’t use enough liquid in its standard latte recipe and that its cups aren’t big enough to contain the amount of beverage stated on the company’s size menu.

Similarly, plaintiff Brittany Crittenden filed a class action lawsuit in Manhattan Federal Court in May, accusing the coffee giant of routinely under-filling its espresso-based beverages because of a policy that forbids filling drinks to the rim.

Forouzesh is represented by Justin Farahi and Raymond M. Collins of Farahi Law Firm APC.

The Starbucks Underfilled Drinks Class Action Lawsuits are Alexander Forouzesh v. Starbucks Corp., Case No. BC62157, in Los Angeles Superior Court; Pincus v. Starbucks Corp., Case No.1:16-cv-04705, in the U.S. District Court for the Northern District of Illinois; Siera Strumlauf, et al. v. Starbucks Corp., Case No. 3:16-cv-01306, in the U.S. District Court for the Northern District of California; and Brittany Crittenden v. Starbucks Corp., Case No. 1:16-cv-03496, in the U.S. District Court for the Southern District of New York.

UPDATE: 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.

UPDATE 2: On Aug. 19, 2016, a California federal judge dismissed Alexander Forouzesh’s class action lawsuit that Starbucks misled customers about the size of its iced drinks because it lists their sizes as the total liquid volume of drink and ice, not just the beverage itself.

UPDATE 3: On Aug. 25, 2016, just days after escaping a similar claim in California, Starbucks sought the dismissal of Pincus v. Starbucks Corp. in Illinois federal court.

UPDATE 4: On March 27, 2017, Alexander Forouzesh filed an appeal of the dismissal with the Ninth Circuit arguing that he had established a claim for breach of express warranty. Forouzesh argued that the case should be heard by a jury.

UPDATE 5: On Oct. 17, 2017, the plaintiffs argued that the coffee company’s motion to dismiss the Starbucks class action lawsuit is premature because it was filed during the discovery phase, in which the plaintiffs are attempting to learn the standard recipe formulations for Starbucks mochas and lattes.

UPDATE 6: On Jan. 5, 2018, a judge ruled in favor of Starbucks, in response to a class action lawsuit alleging that the popular coffee chain underfills its lattes.

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8 thoughts onStarbucks Wants Underfilled Drinks Class Actions Moved to Seattle

  1. Top Class Actions says:

    UPDATE 4: On March 27, 2017, Alexander Forouzesh filed an appeal of the dismissal with the Ninth Circuit arguing that he had established a claim for breach of express warranty. Forouzesh argued that the case should be heard by a jury.

  2. Top Class Actions says:

    UPDATE 3: On Aug. 25, 2016, just days after escaping a similar claim in California, Starbucks sought the dismissal of Pincus v. Starbucks Corp. in Illinois federal court.

  3. Top Class Actions says:

    UPDATE 2: On Aug. 19, 2016, a California federal judge dismissed Alexander Forouzesh’s class action lawsuit that Starbucks misled customers about the size of its iced drinks because it lists their sizes as the total liquid volume of drink and ice, not just the beverage itself.

  4. Christina Nevarez says:

    Im so glad im not the only one pissed about this!

    I have even ordered my white mocha asking no foam, or no room, then they say it doesn’t have foam, or why would there be room? So I pretty much feel dumb, but two days in a row, I have been significantly cheated!

    How do I get involved? I have a “gold card” which tracks how often I go, so I think this can easily be prooved!

  5. Top Class Actions says:

    UPDATE: 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.

  6. Jean L says:

    I have been disappointed with Starbucks for quite awhile-might say several years now. I usually only go to 2 places of business as they know me n strive to make the drinks my way!! Other places if you tell them excuse me but that is not quite to the top of the container they look at you like you are from Mars. Do they care NOT! Very seldom will they say … would you like us to make you another one like the customer service says. Are you kidding me n the in-store ones are even worse. I mean they seem to have no problem charging for everything they put in your drink but they come short on what they give you in the end. Please submit my request to as a formal complaint against them there customer service has went down considerably in the last 5 years. Maybe getting to big for their britches?

  7. Michelle Asbury says:

    Yeah they feel the coffee here and Dallas Texas mostly with whipped cream and you ask for 3 or 2 extra shots of expresso and you don’t even wake up hello where is the caffeine then I can go home and drink a regular cup of coffee and I’m away for $6 everyday 100 ways feel awake home and make a regular cup of coffee and I’m awake they do not put any caffeine in the coffee at all when you ask for extra shots I think they’re ripping you off $3 I know they’re ripping me off I spend a lot of money there and I’ll never go back unless I want iced tea Maybe I want to get in on this settlement could have all we get is whipped cream and maybe I have a shot of expresso when you ask for 3 and paid for it

  8. Belinda Avila says:

    I buy a Starbucks drink everyday

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