Judge Allows Lawsuit Claiming Starbucks Underfills Lattes
Two people who accused Starbucks of deliberately underfilling lattes can continue their lawsuit after a federal judge in California dismissed three counts against the beverage retailer but allowed five to remain.
The plaintiffs, Siera Strumlauf and Benjamin Robles, contended in a class-action complaint filed in March that the popular drinks were underfilled by about 25 percent of their advertised sizes: 12, 16 and 20 ounces.
原告谢拉·斯特鲁姆劳夫(Siera Strumlauf)和本杰明·罗布尔斯(Benjamin Robles)在3月提起的集体诉讼中认为，星巴克那些受欢迎的饮品比该公司对外公开的12、16和20盎司的分量少了大约25%。
A mocha latte.
Starbucks had argued that a “reasonable consumer” would not have been misled.
But Judge Thelton Henderson of United States District Court in San Francisco said in his ruling on Friday, “This is not a case where the alleged deception is simply implausible as a matter of law.”
但周五当天，旧金山联邦地区法院(United States District Court in San Francisco)的法官特尔顿·亨德森(Thelton Henderson)在判决中表示，“就这起案件而言，被控的欺骗行为从法律角度来看并非是不可信的。”
“The court finds it probable that a significant portion of the latte-consuming public could believe that a ‘Grande’ contains 16 ounces of fluid, measured without milk foam or in its cooled state,” he wrote. “If nothing else, it is probable enough that the issue should be decided by a trier of fact, not on a motion to dismiss.”
In their complaint, the plaintiffs said Starbucks used cups that held the advertised amounts only when filled to the brim, but that the drinks were not filled that high. They said that in 2009, Starbucks made a “conscious decision” to save money on milk by using pitchers with etched-in “fill to” lines that were too low, and the recipe required baristas to fill a quarter-inch below the brim of the cups, the lawsuit says.
In a statement, Starbucks said the lawsuit was “without merit.”
“All of our handcrafted beverages are made in accordance with our customers’ preferences,” the company said. “If a customer is not satisfied with their beverage preparation, we will gladly remake it. We will be prepared to defend our case in court.”
It’s not the first time that Starbucks has been sued over its drinks. A separate class-action lawsuit in April by Stacey Pincus of Chicago accused the company of putting too much ice in cold drinks, leaving consumers with just over half the amount they paid for, according to Courthouse News.
这不是星巴克首次因其提供的饮品而被告上法庭。据“法院新闻”(Courthouse News)报道，在4月的另一场集体诉讼中，芝加哥的斯泰茜·平卡斯(Stacey Pincus)控告星巴克在冷饮中加的冰块太多，导致消费者拿到的饮料只略多于其应有分量的一半。
Starbucks called that lawsuit “without merit,” as well.