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Wednesday, October 23, 2019

Starbucks says N.Y. woman's lawsuit is 'frivolous'

By Shawnna Stiver | Jun 10, 2016

NEW YORK (Legal Newsline) – A New York woman filed a class action lawsuit last month against Starbucks, a Seattle-based corporation, for allegedly misrepresenting the size of its espresso beverages, a suit that Starbucks says is no different than the recent copycat suits filed against the company.

Brittany Crittenden alleges in her suit filed on May 10 in U.S. District Court for the Southern District of New York that the Starbucks Corporation advertises certain sizes for the espresso beverages, but in actuality the drinks contain fewer fluid ounces per serving size than otherwise stated. The lawsuit states that as a result, consumers have been paying more for the espresso beverages based on a false, inflated serving size.

The suit also alleges Starbucks violated the New York General Business Law by a breach of express warranty, fraudulent concealment and/or inducement, negligent misrepresentation and unjust enrichment.

“This lawsuit is as frivolous and unnecessary as other recently-filed copycat actions,” Reggie Borges, a spokesman for Starbucks, told Legal Newsline. “Our espresso beverages are handcrafted in accordance with our customers’ preferences.

"If a customer is not satisfied with their beverage preparation, we will gladly remake it."

This isn’t the first suit brought against Starbucks that questioned the beverage size. Also this year, a Starbucks customer from Chicago filed a $5 million lawsuit against the coffee chain, accusing it of using too much ice in its cold drinks.

The suit alleges Starbucks advertises since its cold drinks by fluid ounce, the numbers are only accurate when ice is added to a drink. This case is pending.

Crittenden and others in the class seek a jury trial, damages, injunction, interests, attorney fees and costs. They are represented by attorneys Brittany Weiner and Murray Friedman of Imbesi Law in New York.

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