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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.
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23 thoughts onStarbucks Class Action Says Customers Cheated on Hot Drinks Too
Such+a+simple+solution+to+this+nonsense+that+Corporate+can+incorporate…Have+12+oz+cups+actually+be+14oz+cups+to+allow+for+toppings+or+spills+and+continue+to+advertise+to+the+consumer+they+are+getting+12+oz!++Eventually+all+Companies+will+need+to+do+this+for+hot+or+cold+drinks.++I+order+my+cold+drinks+without+ice+and+then+ask+for+an+ice+cup+to+be+sure+I+get+my+full+amount+I+am+paying+for.++Starbucks+is+the+first+of+many+fast+food+and+restaurants+that+will+need+to+change+their+packaging!++How+many+times+have+you+opened+a+5.5oz+can+of+tuna+and+found+only+2+oz,+if+that,+of+actual+tuna+and+the+rest+water?++It+is+time+to+take+a+stand+on+companies+that+deceive+the+public+and+what+better+way+to+do+this+then+to+hit+them+in+the+pocket?
After feeling ripped off many times I started ordering a tall in a grande cup. I take milk and 2 raw sugars..this fills the grande cup to the top and I pay for the tall.
My cup was only 1/2 filled; a far cry from spilling over. at the same time, my friends cup was 3/4 filled. She felt ripped off, too. Starbucks could at least teach their people to be consistent.
My cup was only half filled; far from spilling over. At the same time, my friends cup was 3/4 filled. She felt ripped off as well. There should, at least, be some consistency with their policies.
“Additionally, Starbucks’ policy prohibits baristas from filling any hot beverage up to the rim of the cup,” the complaint states. = um, if they filled your hot coffee cup all the way to the rim of the cup, youd immediately spill it even trying to MOVE the cup, much less take it with you, drink it while driving, carry it around, etc. Duh! The lack of common sense here is staggering. Starbucks, keep doing what youre doing and pay no attention to these ridiculous lawsuits that give the entire legal industry a bad name.
I am a former Starbucks employee. Starbucks management trains us to fill it up approximately 1inch below the brim of the fup or too the predesignated full lines. Their excuse was well ya have to leave room for the foam or toppings. I know no one needs a full inch for toppings or foam.
Really ? I cant wait to see Late Night TV hosts get this one and run with it. In the past if Starbucks hot drinks were filled too high or too close to the top they were sued for beverages spilling over and burning people. Thus, because of these types of idiotic lawsuits I get stuck with lids on hot beverages, for which Ive paid extra for whipped cream and flavored drizzle, bc we are forced to have lids which smush the toppings into the cup making it a total waste of money for *me* to pay for a specialty drink with whipped cream and drizzle. BTW, Ive been burned by this practice – oh Lordy sue the store- bc it forces the drink way over the brim w/a lid on it. Honestly, no matter what they do they are going to get sued and as you can see in its absurdity they cant do anything about it. Thus, we should take frivolous to the ridiculous and start a class action suit about false advertising – Ive never seen 1 star nor 1 buck in any of my beverages, food nor in any retail establishment calling themselves starbucks ! How Can they call themselves starbucks !?! Its a lie ! If your drink is too small, the best way to get even is (1) write to corporate and complain endlessly (2) go elsewhere- I bet your chai or whatever it is you need filled to the brim is being sold at Dunkins or McDs or Crispy Cream, by now. This is the reason the rest of the civilized, or not so civilized, world looks upon Americans as sue-happy, money grubbing, self-centered fools.
You need to stop with your rant and find another avenue to defend blatant cheating by a corporate entity that deliberately underfills the product that they are mking billions from. That is enrichment of their coffers with total disregard for the customers they rip off to the tune of billions of dollars. You are a shill. Go away.
Sorry but there is no excuse for not filling the coffee whether it is iced or latte to the brim. I don’t pay big bucks to be cheated. I have even asked them when I see that the latte is about an inch from the top n they are busy ask them to put regular coffee in it. When I buy most anything I want my money worth n do not expect to be cut short for anything it is not our fault that people are sue happy == a customer just wants what they pay for no more no less I don’t think that is too hard to understand is it—-Starbucks!!
THANK YOU!!! finally Holly someone with common sense, Noreen sounds like another entitlement-mentality perpetual victim, as does the delusional plantiffs of this case
AWESOME WELL SAID GREAT COMMENT
It’s not really that hard to understand (except for some, ahem). If you sell a 24oz hot drink, it should be 24oz of beverage in a container suitable to hold 24oz of a hot fluid. Anything else an you are either cheating the customer or selling an unsafe product. If boycotting a business engaged in either practice were the acceptable solution, then there wouldn’t be laws and lawsuits. A boycott does not remedy past bad actions, or stop a business from continuing such actions on future, unsuspecting customers.
AWESOME WELL SAID GREAT COMMENT
It baffles me that people still go back to buy their products.It makes more sense to stop supporting the company so they go out of business.Instead we waste court time over coffee and milk Instead of real pressing issues. Starbucks is terrible anyways.
I have experienced the same thing. Didn’t have the time to stop snd complain about it
Yes Starbucks is a rip off