NEW YORK (Legal Newsline) – A class of consumers alleges Starbucks locations in Manhattan are using a pesticide that contains a chemical that is poisonous to humans and should not be used in restaurants.
Christopher George, Jessica Chandra, Lisa Jame and others, on behalf of themselves and a class of similarly situated individuals, filed a complaint on May 21 in the New York State Supreme Court of New York County against Starbucks Corp., doing business as Starbucks Coffee Co., alleging violation of state business laws.
The defendant removed the case to U.S. District Court for the Southern District of New York on July 2.
The plaintiffs allege that Starbucks locations throughout Manhattan use a pesticide known as DDVP and that the pesticide is unfit to be used in close proximity to food, beverages and people. The plaintiffs allege DDVP is in the Hot Shot No-Pest Strips used by the defendant and is admitted into the air. The suit states the no-pest strips' labels state they are not to be used in kitchens, restaurants or areas were food is prepared.
The plaintiffs allege the defendant uses the strips because unsanitary conditions at the Manhattan locations have led to insect infestations.
The suit states employees and third-party exterminators have warned management about the improper use of the strips but the defendant has continued to allow them.
The plaintiffs are seeking a trial by jury, an injunction against the defendant to cease the use of no-pest strips at its stores, damages deemed fit, attorneys’ fees and court costs. The plaintiffs are represented by Douglas H. Wigdor, David E. Gottlieb and Renan F. Varghese of Wigdor LLP in New York.
Case number 1:19-cv-06185