A seven-count lawsuit filed last week by a Chicago woman accuses Starbucks of unjust enrichment, misrepresentation, fraud and violation of consumer protection laws for allegedly “underfilling” its cold drinks by using too much ice.
Starbucks “unlawfully underfills iced coffee, iced tea, and iced-blended specialty drinks … compared to how they are advertised, misleading and injuring consumers in the process,” according to the 29-page complaint, which was posted on BuzzFeed.
"A Starbucks customer who orders and pays for a Venti iced coffee, expecting to receive 24 fluid ounces of iced coffee based on Starbucks’ advertisement and marketing, will instead receive only about 14 fluid ounces of iced coffee,”
"Ice is not a 'fluid'," the lawsuit pointed out.
The class action lawsuit, which was filed in U.S. District Court for the Northern District of Illinois by Chicago resident Stacy Pincus, is seeking up to $5 million from Starbucks on behalf of customers who purchased iced beverages from the coffee chain over the past decade.
"Plaintiff would not have paid as much, if anything for the Cold Drinks had she known that it contained less, and in many cases nearly half as many, fluid ounces than claimed by Starbucks," according to the lawsuit.
“We are aware of the plaintiff’s claims, which we fully believe to be without merit,” Starbucks spokesperson Jaime Riley said in a statement to ABC News.
“Our customers understand and expect that ice is an essential component of any ‘iced’ beverage. If a customer is not satisfied with their beverage preparation, we will gladly remake it.”