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Starbucks intentionally underfills its lattes by 25 percent, saving the coffee giant millions while ripping-off customers at the same time, a putative class action states.
Latte drinkers Siera Strumlauf and Benjamin Robles claim that Starbucks baristas follow a standardized recipe when it comes to making lattes. According to the plaintiffs, latte-makers are instructed to fill a pitcher with steamed milk up to an etched “fill to” line, then pour shots of espresso into a serving cup, pour the steamed milk into the serving cup, top the latte with milk foam and leave 1/4 inch of free space at the top.
However, the Starbucks class action alleges that the “fill to” lines don’t measure up to the supposed 12, 16, and 20 fluid ounce cup sizes offered to customers.
“Tall Lattes are not 12 fluid ounces, Grande Lattes are not 16 fluid ounces, and Venti Lattes are not 20 fluid ounces,” the class action states. “Starbucks cheats purchasers by providing less fluid ounces in their Lattes than represented.”
The plaintiffs say Starbucks made a conscious decision to underfill its lattes in 2009 in order to save on the cost of milk, which is one of its most expensive ingredients.
By giving baristas a “fill to” line, there is no room for deviation making every latte short by several ounces, the plaintiffs claim.
“Moreover, Starbucks refuses to fill any hot beverage up to the brim of the cup. Thus, under no circumstances will Starbucks ever serve a Grande Latte that actually meets the fluid ounces represented on the menu,” the Starbucks lawsuit states.
Strumlauf says she visits her local Starbucks in San Francisco one or two times each week spending $3.95 on a grande-size (16 fl. oz.) latte. She claims that the representation on Starbucks’ menu informs customers that the grande-sized latte would in fact contain 16 ounces. Strumlauf states that had she known the coffee drink would be less than 16 ounces she would have either paid less for it or not bought it at all.
Robles claims he too was cheated when he purchased an underfilled 16 ounce, grande-sized Starbucks Latte. The plaintiff says he relied on the representation of ounces offered by Starbucks when deciding to make his purchase not knowing the product was misrepresented.
The Starbucks lawsuit alleges that by underfilling lattes, the coffee company is in breach of express and implied warranties as well as liable for unjust enrichment.
If the class action lawsuit is approved, it will be open to all U.S. Class Members who purchased a Starbucks Latte. The plaintiffs also seek to represent a subclass of California residents who bought a latte from Starbucks.
Strumlauf and Robles are represented by L. Timothy Fisher, Julia A. Luster and Scott A. Bursor of Bursor & Fisher PA, and Gerald Healy and John Hafemann of Military Justice Attorneys PLLC.
The Starbucks Underfilled Latte Class Action Lawsuit is 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.
UPDATE: On April 25, 2016, plaintiffs urged a California federal judge not to dismiss a class action lawsuit that accuses Starbucks Corp. of uniformly underfilling its lattes by 25 percent.
UPDATE 2: On May 26, 2016,Starbucks filed a motion with the Judicial Panel on Multidistrict Litigationto transfer all underfilled drinks class action lawsuits to Washington, arguing that it would be more convenient for depositions. UPDATE 3: On June 17, 2016, thisStarbucks class action lawsuit over underfilled lattes will continue, but with fewer claims and limitations on the available relief.UPDATE 4: On Aug. 5, 2016, the Judicial Panel on Multidistrict Litigation ruled that the class action lawsuits alleging Starbucks intentionally underfills lattes and other coffee drinkswill not be mergedinto one centralized case.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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93 thoughts onStarbucks Class Action Says Lattes Are Intentionally Underfilled
Sounds like a bunch of hipster Millenial whining to me. Of course no drink is ever filled to the top when hot liquid is involved. Ymmv from drink to drink. Ordering tea not coffee isnalways better….and cheaper anyways.
14 years of Venti Decaf Mochas. About 2 years ago, we noticed we were being shorted. You could tell by the weight, and then visually confirm by removing the lid. When we asked several baristas, they said it was by instruction of the store manager. Since they had raised the prices, we wanted a full cup. We have since asked for No Whip No Foam and we watch them fill it to the top. Recenty, the new baristas try to claim they don’t do foam anymore, which is also a lie. I’m not surprised someone finally filed a lawsuit.
Bad very bad!!!!.
I am agree with you. For years I have been telling them the cup is to light. I paid for a venti I expect the cup to be filled. So they would fill it, but I didn’t know they were filling it with water! One day I heard someone say no water and I asked them what they meant and they told me they add water to fill it up. So from now on I always say no water. This is wrong and I am glad someone is finally doing something about it! I like Starbucks but if they are going to continue to cheat us, we should all find a different coffee shop.
Hello! Starbucks Barista here. There are several reasons that your drink would be filled partially or almost completely with water. ONE: You ordered a hot chai tea latte. The chai is a concentrate, and inherently needs to be cut with water. I’ve also heard that it helps bloom the chai and bring out the flavours in it, but only with hot water, and adding hot water to a cold drink is silly, don’t you think? You can easily get it with no water, and honestly, it just removes a step for us and makes things a little bit easier not having to go over to the instahot tap. TWO: You ordered a cold brew iced coffee or an iced tea without lemonade. Both the cold brew and the iced teas are brewed extra strong, with the intention behind the cold brew can be stored more efficiently, as it takes 20 hours to produce a single batch, and iced tea being so that it tastes better when combined with lemonade. THREE: You ordered an americano. This drink is literally espresso shots and water. I’m not saying this is what you’re talking about, but if you complain about getting water in an americano… I know you have absolutely no idea what you are ordering. TL;DR: Hot chai tea lattes, iced teas without lemonade, cold brew iced coffee, and all americanos get water in them. A quick reason four is that you’ve got a green bean on bar, they have absolutely no clue what they’re doing, and they are doing it wrong. I hope that helps you understand a bit more about what’s actually happening behind those espresso machines!
This actually doesn’t surprise me at all. I have order Venti Mochas several times and they are under filled to the point that it’s obvious just by the weight of it when you take the cup. I have pointed it out to the baristas a couple times, and they do remake it, but generally not without rolling their eyes or some other display of disapproval.
In addition, I think what the real issue is with this complaint is that it is a new practice Starbucks fairly recently put into play. I remember the very first day I noticed my cup feeling noticeable lighter than usual, so I took the lid off and the cup was only about 2/3 full. I did point it out to the barista and she remade it, but this practice has continued to occur frequently since the first time I noticed it.
America’s shysters and their purportedly hapless clients are a parasitic joke. They sue if their hot drinks are filled too high and thus more prone to spill and cause burns; and they sue if their hot drinks aren’t filled to the brim and thus less likely to spill and cause burns. First, fat-ass Americans won’t miss the calories in an ounce of coffee. Second, if you don’t like the portion size at Starbucks, go to Dunkin Donuts or a neighborhood diner, or make your own damn coffee at home and save a few bucks so you don’t have to spend all your time whining about how much your student loans cost. Boo-hoo. In any case, get a life and stop suing over every goddamned little thing that displeases you. You’re sickening.
These are the same people who would also complain that it was TOO full and it spilled on them. OR its full top the top, then they have to dump 3oz out for their 17 sugars and milk. Heck, whjen I pout my own coffee at Panera or other coffee shops, I leave myself room. Id this worth suing over??? I say its a) unintentional, b) a safety concern c) you were promised a Venti in a cup that holds UP TO 16 ounces. Every beverage Ive ever gotten is not full to the brim.GROW UP
yeah this lawsuit is full of crap anyway
No, its not. And they will lose this one. I love Starbucks but the cups are NEVER full.
Maybe you are full of crap, do not respond any more.
Why do you think it childish to fight for what’s rightfully yours? Only bullies and oppressors believe those who are wronged should not ask for justice.
My 16oz coke bottle is always full. It is a weights and measures requirement that the quantity represented is in the container. Maybe they should reduce the sizes by 2oz each!
all Starbucks has to do is ask. They do ask if its a regular coffee.
I have never agreed with any of these lawsuits and I don’t even agree with the iced drink lawsuit. However, this one has complete merit. I live in Texas, not California where the suit was filed and Starbucks ALWAYS does this when I order a grande or venti latte. I even started ordering them with no foam (grande vanilla latte with no foam), but that doesn’t help. It sounds like you’re talking about a plain coffee, which is clearly different. I continue to go to Starbucks because I love their lattes. So to others who have said to go elsewhere, not only do I not like other places, but I also don’t have a ton choices even if I wanted them. I don’t understand why people feel this is acceptable business practice…and 25% is not an exaggeration. The percentage is high enough that I can tell its too light when they hand it to me. I always hit the drive-thru and used to suck it up because I didn’t want to hold up the line, but then I’d be mad that I didn’t speak up. I’ve stopped caring about the lines because it’s gotten that bad. I make sure I’m clear “no foam, zero foam, no foam at all”…and yes, I say all of that. When I get to the window, I have them check it before even handing it to me. They try to show me, but I just ask I there’s any foam. EVERY time, there’s foam and I politely ask them to remove it. They always do and add milk to fill the cup, but can you image if you had to do this every time for something somewhere else? It never occurred to me to file a lawsuit and the process of doing so doesn’t interest me, but finding out that this is happening to SO many people in multiple states, I have every intention of joining this class action lawsuit. This can’t be a coincidence. Call me all the names you want, be disgusted and angry that people are moving forward with this, but I challenge you to go to Starbucks for week and order a grande or venti latte and see for yourself. I guarantee that you’ll agree this particular lawsuit is a valid one.
This is amazing. My wife and I visit our local Starbucks everyday if not every other day and Ive been complaining to her how my grande latte is never filled to the top. Im always finding myself filling up my cup with half and half. Now to see this lawsuit makes me feel so cheated of the amount of money Ive been giving Starbucks.
if we filled it all the way to the top you would spill it on yourself. 75%? Then talk to the manager about it because that isnt standard at all. were only supposed to leave a quarter inch of room and most baristas dont even leave room. Unless youre ordering XDry Cappuccinos, Im thinking youre a liar
I’m thinking if you really work for Starbucks they wouldn’t appreciate you calling your customers liars. With that said, I am not one that would ever initiate a lawsuit over something so petty, but I do have to say I believe there is some merit to it. I myself have experienced this, and I have pointed it to the barista and they remake it, although somewhat grudgingly. I think what the real issue is with this complaint is that it is a new practice Starbucks fairly recently put into play (like in the last 2 or 3 years). I remember the very first day I noticed my cup feeling noticeably lighter than usual, so I took the lid off and the cup was only about 2/3 full. This practice has continued to occur frequently since the first time I noticed it.
All you newbies Starbucks employees need to shut up because you don’t know what you’re talking about Starbucks had secret shoppers that used to weigh the drinks and they paid them just to do that they knew even with all the training Baristas May provide drinks that aren’t the correct weight because of too much foam or too much room… there can be a bunch of reasons why a drink can be underweight but it’s always at the expense of the customer.
And I thought I was the only one getting shafted, it’s good to know other people are complaining about this as well.
For the last year of odering a Venti Flat White, My cups have been filled 75%. I have had them remake my drink several times, but most of the time I am on the rush (which is why I order through the mobile site). It is beyond frustrating to pay for such an expensive coffee only to be ripped off.
talk to the manager, that isnt normal at all. flat whites are the easiest drink to overfill. The markings on the steaming pitchers do not actually compensate for the steamed milk expanding, so theres no reason why your flat white shouldnt be filled.
I order Flat Whites pretty much every day, basically b/c they don’t have as much froth at the top, so I get more for my money. You can tell if it’s not as heavy as usual. I don’t like to complain to them but one time I did give it back to them and told them it is not full. They did add some to it, but it still wasn’t full. I was angry b/c it seemed to happening more times than not. I read the complaints and I do agree. So I hope it helps to rectify what is wrong. The cold drinks DO cost more for whatever reason.
P.S. Today I got a venti flat white. I could tell it was not full, by the weight of the cup when they gave it to me. I went home. The froth was at the top BUT the drink itself was only up to the “A on the vertical STARBUCKS logo. I poured the drink into a measuring cup. 12 oz…for $5.04 Venti Latte. I want in on this lawsuit!
I am so upset about knowing this. I became a gold starbucks member about 2 years ago and have maintained that level on two starbucks cards. I only order the Venti Carmel hot drinks. This makes me very upset.
well be glad this whole thing isnt true at all! 25% is a huge exaggeration! Baristas are only instructed to leave a quarter inch of room at the top to prevent spilling, which does happen if we dont leave space!
You surely work for Starbucks. Everydrink I order from their baristas is always short [15-25%], and depending on my schedule I will call them out on this, but often after waiting for 5 minutes in a car, I want to get away ASAP. The 1/4 you state is FOAM FILL..
My lattes are always more than a 1/2″ away from top. And sometimes they are only 3/4 full.
Well I beg to differ and I’m also a former Starbucks employee. Starbucks has doing this for nearly a decade now since they got rid of their secret shoppers that used to weigh drinks exactly for this reason.
Please Shanti…if this were true, you would have noticed your drink being shorted. and ive had a gold card for years and only buy like one drink a year. they give those things to everyone!