Starbucks Latte Class Action Should Continue, Customers Say

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The plaintiffs in a class action lawsuit accusing Starbucks Corp. of underfilling some of its espresso beverages have asked a California federal judge to deny the coffee company’s motion for summary judgment.

Plaintiffs Siera Strumlauf, Benjamin Robles and Brittany Crittenden claim that they have evidence to show that the total volume of all of the ingredients Starbucks includes in its recipes for mochas and lattes constitutes a lower volume than is represented on its menus.

Further, the plaintiffs argue 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.

“The gravamen of this case is that Starbucks lattes and mochas are uniformly underfilled pursuant to the company’s standardized recipe because they contain less than the number of fluid ounces stated on Starbucks’s in-store menus,” the plaintiffs’ opposition to the Starbucks motion for summary judgment states.

“Yet, Starbucks has failed to support its motion for summary judgment with any measurements of any beverage or serving cup, by anyone at Starbucks or elsewhere.”

The plaintiffs say they have retained a weight and measurements expert who would testify at trial that Starbucks’ ingredients, when combined, fill less than advertised for each of the coffee company’s size offerings. Another expert would testify that most consumers believe the phrase “fluid ounces” on a menu means liquid and not foam.

The Starbucks class action lawsuit was filed by Strumlauf and Robles in March 2016. They claim that Starbucks intentionally underfills lattes and mochas by as much as 25 percent, allowing the company to profit off of customers who overpay for their drinks.

According to the Starbucks class action lawsuit, Starbucks uses several tactics to underfill its lattes, including counting the foam on top as part of the drink, by measuring too little milk into the steaming pitchers, and by instructing its baristas to leave 0.25 inches of space below the rim of the serving cup.

The serving cups provided to customers allegedly hold exactly the advertised number of fluid ounces for each beverage size. Therefore, the 25 percent of empty space means that Starbucks customers are receiving significantly less of the beverage they pay for, the Starbucks class action lawsuit alleges.

Months later, U.S. District Judge Thelton E. Henderson trimmed some claims from the Starbucks class action lawsuit but allowed the action to proceed. Judge Henderson found that the plaintiffs failed to establish standing for injunctive relief because they were now aware of Starbucks’s alleged practice of underfilling its lattes.

A hearing for the Starbucks class action lawsuit has been set for Nov. 7.

The plaintiffs are represented by Scott A. Bursor, Joseph I. Marchese, Neal J. Deckant and L. Timothy Fisher of Bursor & Fisher PA, Gerald Healy and John Hafemann of Military Justice Attorneys PLLC and Brittany Weiner of Imbesi Law PC.

The Starbucks Underfilled Latte Class Action Lawsuit is Strumlauf, et al. v. Starbucks Corp., Case No. 4:16-cv-01306, in the U.S. District Court for the Northern District of California.

UPDATE: 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.