WHITE PLAINS, N.Y. (Legal Newsline) - Starbucks is fighting a class action lawsuit over its "Sprouted Grain" bagel that alleges customers expect more when they order it.
The suit says it's wrong for Starbucks to label the bagel that way, because of the presence of non-sprouted grains. Calling it "sprouted" tricks customers into thinking the bagel will have less starch, lower carbs and a lower glycemic index and include more nutrients.
Starbucks' Feb. 28 motion to dismiss in New York federal court calls the allegations implausible. It touts the presence of sprouted whole wheat flour, sprouted wheat grains, sprouted rye grains and sprouted triticale grains.
"No simple ingredient appears more frequently in the product's ingredients list than the various types of sprouted grains," the motion says. "The product's name simply describes the type of bagel being offered, just like the cinnamon raisin, everything and plain bagels the product is sold alongside, as shown in the complaint.
"Nor does the complaint allege that Starbucks did anything other than name the product."
The class action fails to allege Starbucks made specific representations regarding the amount of sprouted grain in the bagel, the company says.
"Plaintiffs' allegation that the product's name, standing alone, is deceptive because it led and plaintiffs and other consumers to believe the product contained even more sprouted grain than what appears on the ingredient list is implausible."
And the plaintiffs can't prove they were harmed financially, Starbucks says, because all of its bagels are sold at the same price.
The plaintiffs are represented by Robert Abiri of Custodio & Dubey and Benjamin Heiali of Treehouse Law.
Starbucks is represented by Loly G. Tor and other lawyers at K&L Gates.