A putative class action filed last week alleges that Starbucks’ espresso beverages contain fewer fluid ounces than advertised due to an alleged company-wide policy of under-filling beverage cups. According to the complaint, two representative beverages purchased at a Manhattan Starbucks included roughly 15% less volume than advertised. The proposed class includes all persons or entities in New York who purchased latte or mocha beverages from New York Starbucks locations from 2010 to the present. The complaint includes claims for breach of warranty, deceptive business practices, false advertising, fraudulent concealment, fraudulent inducement, negligent misrepresentation, and unjust enrichment.
The case is pending before Judge Failla.