Starbucks Latte Lawsuit Can Move Forward, Judge Rules

A federal judge has ruled that a lawsuit against Starbucks claiming that the coffee giant underfills its lattes can move forward.

In a Friday ruling, U.S. District Judge Thelton Henderson in San Francisco threw out three of the plaintiffs' eight claims but left the bulk of the suit intact and said it could proceed.

In case you need a refresh, here's what the suit is about.

Siera Strumlauf and Benjamin Robles, two California residents who call themselves Starbucks regulars, filed the lawsuit in March, saying that the company tells employees to only fill up latte cups about 75 percent with liquid and the rest with foam.

And even when foam isn't used, they say, Starbucks employees are told not to fill the cups up all the way with scalding hot liquid.

"This is not a case where the alleged deception is simply implausible as a matter of law," Henderson wrote in his decision. "The court finds it probable that a significant portion of the latte-consuming public could believe that a 'Grande' contains 16 ounces of fluid."

In a similar suit, a Chicago woman said the ice in her iced coffee shouldn't count toward the beverage total.

Starbucks Lawsuit: Lattes Are Underfilled, Cheating Customers Out Of Precious Coffee

Starbucks Sued Because Iced Coffee Has Ice In It

In an emailed statement to Patch, Starbucks spokesman Reggie Borges said the company is ready to fight any claims, latte or otherwise.

"We were pleased with the court’s decision to limit the scope of the claims and believe that this lawsuit and the recently-filed similar actions are without merit," Borges said. "All of our handcrafted beverages are made in accordance with our customers’ preferences. If a customer is not satisfied with their beverage preparation, we will gladly remake it. We will be prepared to defend our case in court."

Image via Elsie Hui, Flickr