WHITE PLAINS (Legal Newsline) — Starbucks is facing a consumer class action lawsuit alleging its Sprouted Grain bagels are actually made from non-sprouted grains.
Eric Schleyer and Emilyn Miskhan, on behalf of themselves and all others similarly situated, filed a complaint Dec. 28 in the U.S. District Court for the Southern District of New York against Starbucks Corporation alleging violation of New York's General Business Law and other claims.
According to the plaintiffs' class action, Schleyer purchased Starbuck's Sprouted Grain bagels in Brooklyn and Mishkan purchased the bagels in a Starbucks in Beverly Hills, Calif. They claim Starbucks is falsely and deceptively marketing the Sprouted Grain bagels because the bagels are primarily made with "traditionally, non-sprouted grains" and that consumers pay a "premium price" for the product based on Starbuck's false advertising claims.
The plaintiffs allege that Starbuck's uses "sprouted grain" to deceive consumers who purchase the bagels because sprouted grains are "more premium and desirable" than non-sprouted grains. Specifically, the plaintiffs claim sprouted grains have less starch, lower carbs and a lower glycemic index and include more nutrients. They allege Starbucks knowingly deceived consumers with the naming of its Sprouted Grain bagel in violation of New York and California consumer laws.
The plaintiffs and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Robert Abiri of Custodio & Dubey LLP in Los Angeles and Benjamin Heikali of Treehouse Law LP in Los Angeles.
U.S. District Court for the Southern District of New York case number 1:22-CV-10932