Starbucks Accused Of Overfilling Cold Drinks, Underpouring Hot Ones

A U.S. judge on Tuesday approved a lawsuit against Starbucks Corporation SBUX filed by two customers claiming their latte cups were under filled.

According to Reuters, U.S. District Judge Thelton Henderson said that the two plaintiffs, Siera Strumlauf and Benjamin Robles, could seek damages against Starbucks for fraud and false advertising.

The suit claims that Starbucks' recipe for lattes results in a serving that is only 75 percent full. Starbucks' requires its baristas to use pitchers for heating milk up to a "fill to" line, which leaves one quarter of an inch of free space in the cup.

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Starbucks spokesman Reggie Borges was quoted by Reuters as saying that the company believes the lawsuit is without merit, and it will defend itself. He also pointed out that as a matter of policy, clients who are not satisfied with how a beverage is prepared could request a new one and the company will "gladly remake it."

Not The First Of Its Kind

Starbucks was on the receiving end of a similar lawsuit back in early May.

According to CNN Money, a suit was filed by Stacy Pincus, who alleged that Starbucks' advertisements of its cold drink is misleading because part of the drink contains ice.

For example, a Venti-size cold drink is advertising as having 24 fluid ounces — 10 of which is ice.

The plaintiff was seeking $5 million in damages, but Starbucks was quick to respond that its customers "understand and expect that ice is an essential component of any 'iced' beverage." Nevertheless, if a client is not happy with the beverage they received, a barista would remake it to the customer's satisfaction.