Fry Law Corporation

Your success story begins here.

Federal Judge Puts Starbucks Lawsuit on Ice in California

A federal judge has thrown cold water on a lawsuit that claimed Starbucks defrauded customers by adding ice to its cold beverages.

Judge Percy Anderson tossed out the potential class-action lawsuit because a reasonable customer would know that a portion of iced coffee or tea would include ice and they'd be able to see it through the clear plastic cups the beverages are served in. In fact, he said, even a child would get it.

"As young children learn, they can increase the amount of beverage they receive if they order 'no ice,'" Anderson said in a ruling issued Friday in U.S. District Court. "If children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive, the court has no difficulty concluding that a reasonable consumer would not be deceived into thinking ... some portion of the drink will be ice rather than whatever liquid beverage the consumer ordered."

Alexander Forouzesh sued Starbucks Corp. in May for fraud, breach of warranty and false advertising, among other claims.

The Los Angeles man said the chain was cheating customers out of iced coffee and tea by filling cups as much as halfway with ice.

Forouzesh said Wednesday that he plans to appeal and was insulted by the judge's remarks about children.

"Any child can figure out that they're being deceived by Starbucks, as well," he said. "It's not right. The whole point is that we're being deceived."

A Starbucks spokeswoman said the company was pleased with the decision and the judge's remarks. 

Original Link: http://www.nbclosangeles.com/news/local/Federal-Judge-Puts-Starbucks-Lawsuit-on-Ice-in-California--391293691.html



 

This website is for informational purposes only. Please do not construe anything contained herein as legal advice. Each case is different depending on the facts. Most of the content on this site is based on a general application of the law that may not be applicable to your case. For the best advice, give us a call and speak with an attorney.

 

Fry Law Corporation - Main  

980 9th Street, 16th Floor

Sacramento, California 95814

Phone: (916) 291-0700

Fax: (916) 848-0256

info@frylawcorp.com