Melissa LaFreniere  |  March 17, 2016

Category: Consumer News

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starbucks underfills lattesStarbucks intentionally underfills its lattes by 25 percent, saving the coffee giant millions while ripping-off customers at the same time, a putative class action states.

Latte drinkers Siera Strumlauf and Benjamin Robles claim that Starbucks baristas follow a standardized recipe when it comes to making lattes. According to the plaintiffs, latte-makers are instructed to fill a pitcher with steamed milk up to an etched “fill to” line, then pour shots of espresso into a serving cup, pour the steamed milk into the serving cup, top the latte with milk foam and leave 1/4 inch of free space at the top.

However, the Starbucks class action alleges that the “fill to” lines don’t measure up to the supposed 12, 16, and 20 fluid ounce cup sizes offered to customers.

“Tall Lattes are not 12 fluid ounces, Grande Lattes are not 16 fluid ounces, and Venti Lattes are not 20 fluid ounces,” the class action states. “Starbucks cheats purchasers by providing less fluid ounces in their Lattes than represented.”

The plaintiffs say Starbucks made a conscious decision to underfill its lattes in 2009 in order to save on the cost of milk, which is one of its most expensive ingredients.

By giving baristas a “fill to” line, there is no room for deviation making every latte short by several ounces, the plaintiffs claim.

“Moreover, Starbucks refuses to fill any hot beverage up to the brim of the cup. Thus, under no circumstances will Starbucks ever serve a Grande Latte that actually meets the fluid ounces represented on the menu,” the Starbucks lawsuit states.

Strumlauf says she visits her local Starbucks in San Francisco one or two times each week spending $3.95 on a grande-size (16 fl. oz.) latte. She claims that the representation on Starbucks’ menu informs customers that the grande-sized latte would in fact contain 16 ounces. Strumlauf states that had she known the coffee drink would be less than 16 ounces she would have either paid less for it or not bought it at all.

Robles claims he too was cheated when he purchased an underfilled 16 ounce, grande-sized Starbucks Latte. The plaintiff says he relied on the representation of ounces offered by Starbucks when deciding to make his purchase not knowing the product was misrepresented.

The Starbucks lawsuit alleges that by underfilling lattes, the coffee company is in breach of express and implied warranties as well as liable for unjust enrichment.

If the class action lawsuit is approved, it will be open to all U.S. Class Members who purchased a Starbucks Latte. The plaintiffs also seek to represent a subclass of California residents who bought a latte from Starbucks.

Strumlauf and Robles are represented by L. Timothy Fisher, Julia A. Luster and Scott A. Bursor of Bursor & Fisher PA, and Gerald Healy and John Hafemann of Military Justice Attorneys PLLC.

The Starbucks Underfilled Latte Class Action Lawsuit is Siera Strumlauf, et al. v. Starbucks Corp., Case No. 3:16-cv-01306, in the U.S. District Court for the Northern District of California.

UPDATE: On April 25, 2016, plaintiffs urged a California federal judge not to dismiss a class action lawsuit that accuses Starbucks Corp. of uniformly underfilling its lattes by 25 percent.

UPDATE 2: On May 26, 2016,Starbucks filed a motion with the Judicial Panel on Multidistrict Litigationto transfer all underfilled drinks class action lawsuits to Washington, arguing that it would be more convenient for depositions. UPDATE 3: On June 17, 2016, thisStarbucks class action lawsuit over underfilled lattes will continue, but with fewer claims and limitations on the available relief.UPDATE 4: On Aug. 5, 2016, the Judicial Panel on Multidistrict Litigation ruled that the class action lawsuits alleging Starbucks intentionally underfills lattes and other coffee drinkswill not be mergedinto one centralized case.UPDATE 5: On Oct. 17, 2017, the plaintiffs argued that the coffee company’s

 motion to dismiss the Starbucks class action lawsuit is premature because it was filed during the discovery phase, in which the plaintiffs are attempting to learn the standard recipe formulations for Starbucks mochas and lattes.

UPDATE 6: On Jan. 5, 2018, a judge ruled in favor of Starbucks, in response to a class action lawsuit alleging that the popular coffee chain underfills its lattes.

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93 thoughts onStarbucks Class Action Says Lattes Are Intentionally Underfilled

  1. Marshall Mort says:

    The problem isn’t the filled amount, its the silence in the arbitrary decision to do this to its customer base. There is already a precedent here where Heinz was knowingly underfilling their ketchup, there were repercussions and Starbucks should face similar adjudications.

    The mere aspect of operating in clandestine ways is merit for punishment.

  2. Brandi Bagley says:

    please add me.

  3. Steven Warren says:

    If a settlement is reached, I am filing on behalf of my wife who purchased Starbucks lattes at least 2 times a day for at least 5 years every day she went to work.

  4. Deb says:

    Nice to know I’m not the only disgruntled customer. I’d have to say that almost every time I make the foolish decision to go to Starbucks for a latte, I receive a cup that is filled only 2/3. Yes, I have complained and usually get this look and attitude from the barista who reluctantly fills it or worse, throws out the first one and makes me another…2/3 full AGAIN! I get far too disappointed and swear I’ll never go to another Starbucks, EVER! Sadly, there are very few good coffee spots where I live.
    Would definitely be part of a class-action lawsuit over this. In the meantime, I’m going to stick with my Keurig coffee creations at home.

    1. Marie says:

      Same here. Pisses me off, and when I bring it to the attention of the hostess she shrugs us off. Mine wasn’t even 2/3’rds full more 1/2 same when I get a cappuccino

  5. Top Class Actions says:

    UPDATE 4: On Aug. 5, 2016, the Judicial Panel on Multidistrict Litigation ruled that the class action lawsuits alleging Starbucks intentionally underfills lattes and other coffee drinks will not be merged into one centralized case.

  6. Maria Catala says:

    This is the norm now unless I order no foam. I have taken pictures and posted, they seem to not care. Typically the foam is 1-1/2 inches. I measure with my figure and always get above my middle knuckle. I’ll continue to take pictures. I’d be happy to join in this, $4.85 peddling for 3/4 the ounces is a rip off.

  7. Sue says:

    This must definitely be a new practice by the BUX… sounds like a legit complaint! If and when I see my employees do this at my coffee shop they clearly know they did it wrong and need to top it off. If filling drinks 100% full is possible by a small independent shop like mine that locally sources milk (definitely the most expensive ingredient) than this should be no problem for a TITAN like Starbucks. Definitely a calculated move on their part!

  8. Cece Zapar says:

    I went to Starbucks in Downers Grove, IL ordering a large ice with little ice as I dont like much ice. I caught them adding water to my drink. When I ask the girl what the liquid was that they were adding she stated it was only water because the ice tea is so strong. I told her that is the way I liked it. She wouldnt redo the ice tea. Not going there anymore.

    1. Barista says:

      I know this is 2 years old but i figured id comment on your ignorance. If you ordered an iced tea, the tea is brewed to double strength. There is water added to dilute it just like you would a frozen juice concentrate or something similar. Granted, they should have remade it but at the same time you didnt really “catch” them doing anything.

  9. Top Class Actions says:

    UPDATE 3: On June 17, 2016, this Starbucks class action lawsuit over underfilled lattes will continue, but with fewer claims and limitations on the available relief.

  10. Paul says:

    I am a former Starbucks supervisor and we used to have secret shoppers who would weigh the drinks including other thing, checking taste,temp, time to order. That all stopped around 9 years ago and was replaced by a consumer survey on the receipt; which was totally inadequate cause customers don’t know what to look for. Then they did away with the survey too. Is this claim true YES! STARBUCKS has knowingly allowed service to drop.

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