Lawsuit Accusing Starbucks of Underfilling Lattes Can Move Forward, Judge Says

Two Starbucks customers can move forward with their lawsuit accusing the coffee chain of underfilling their lattes, a federal judge said.

The California customers can seek damages against Starbucks for fraud and false advertising, said U.S. District Judge Thelton Henderson in San Francisco, according to Reuters.

The plaintiffs, Siera Strumlauf of San Francisco and Benjamin Robles of Carlsbad, said that the pitchers baristas use for heating milk have “fill to” lines that are too low. In addition, they said that the drink cups have 1/4 inch of free space, which cheats customers because the cups for tall, grande and venti lattes hold exactly 12, 16 and 20 ounces.

Henderson did not rule on the case’s merits. On Monday, Starbucks spokesman Reggie Borges said the company believes the lawsuit is without merit. He also said Starbucks is prepared to defend itself and that if a customer is not satisfied with a beverage, “we will gladly remake it.”

Earlier this year, an Illinois woman filed a lawsuit against Starbucks for putting too much ice in its drinks.

[Reuters]