Stay Calm and Say "No Ice"
Earlier this year, Stacy Pincus filed a $5 million federal lawsuit
in Chicago claiming that Starbucks is defrauding its customers by charging by the size of the cup, not the amount of actual fluid ounces received after ice has been added to the cup. Ms. Pincus substituted herself as plaintiff with Steven Galanis on August 18th and Mr. Galanis filed an amended class action complaint that same day.
Starbucks timely filed their motion to dismiss on August 25th arguing that none of the claims in Mr. Galanis' amended complaint state a claim for which relief could be granted, because their iced beverages meet the expectations of the reasonable consumer. Starbucks also stated the complain was flawed as it did not plausibly allege that Starbucks is misleading customers if the representation of fluid ounces does not match that of the fluid ounces served without
Starbucks seems to be following the same steps taken in a similar lawsuit filed in California
. Last week, U.S. District Court Judge Percy Anderson dismissed that case stating that a "reasonable customer" would understand that the drink size ordered would include ice. Looks like Starbucks is hedging their bets that the Illinois judges will share the same mindset.