Starbucks has asked a Chicago court to dismiss a lawsuit that accuses it of misrepresenting the sizes of its cold drinks, a week after a similar case was tossed in California.
The federal lawsuit in Chicago was first filed in May, but a new plaintiff was named last week. Thursday was the deadline to file a dismissal motion. The lead attorney representing the coffee giant in the case didn’t immediately respond to a request for comment. It wasn’t immediately clear when the motion to dismiss will be heard.
The case alleged that Starbucks essentially under-fills its iced coffees and teas because the stated drink volumes — which range from 8 to 30 ounces — include ice.
The California case was dismissed last week in a strongly worded decision from U.S. District Judge Percy Anderson, who said that “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” by stated drink volumes.
In a statement in response to the California case dismissal, Starbucks said it was “pleased with the court’s decision and the judge’s comments on the matter.”
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