NEW YORK (Legal Newsline) – A New York consumer alleges a Starbucks drink does not contain white chocolate as advertised and that the labeling is designed to increase sales.
Juan Rafael Marten filed a complaint on behalf of himself and others similarly situated on Oct. 8 in the U.S. District Court for the Southern District of New York against Starbucks Corp. alleging violation of New York's Deceptive and Unfair Trade Practice Act and other counts.
According to the complaint, the plaintiff alleges that on July 6, he purchased a 12-pack of Starbucks White Chocolate Doubleshot Energy Drink from Amazon for $27, relying on the defendant's representations on the product packaging that it contains white chocolate. He alleges the product does not contain white chocolate but instead has "inferior confectionary ingredients." He alleges that had he known the drinks did not contain white chocolate, he would not have purchased them.
The plaintiff holds Starbucks Corp. responsible because the defendant allegedly misrepresents that the drinks are made of white chocolate "with an intent to cause plaintiff and class members to believe that it is not an imitation product in comparison to competitors," the suit states.
The plaintiff requests a trial by jury and seeks compensatory damages, actual and/or statutory damages, statutory pre- and post-judgment interest, attorneys' fees and cost plus restitution and disgorgement. He is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-09201-JGK