A federal court granted Starbucks’ motion for summary judgment in a putative class action in which plaintiffs alleged Starbucks underfills lattes and mochas.
The plaintiffs alleged that the underfilling of Starbucks drinks was a breach of warranty and constituted unfair competition and false advertising based on three arguments: (1) consumers should receive beverage volume equal to the maximum cup capacity; (2) milk foam should not be counted toward beverage volume; and (3) barista pitchers and beverage card measurements do not add up to the promised beverage volume.
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