clock menu more-arrow no yes

Filed under:

The Starbucks Underfilled Latte Lawsuit Will Have Its Day in Court

Some suspected it would be dismissed

If you buy something from an Eater link, Vox Media may earn a commission. See our ethics policy.

Sunghwan Yoon/Flickr

A recent lawsuit accusing Starbucks of underfilling its lattes may seem ridiculous, but nonetheless, it will be allowed to go forward: A federal judge in California has ruled the plaintiffs can pursue the lawsuit, Reuters reports, rejecting Starbucks' attempt to have it dismissed.

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

The lawsuit first filed back in March alleges that Starbucks systematically serves customers lattes that are up to 25 percent smaller than the menu claims; for example, a the menu says a grande has 16 ounces, but due to a quarter-inch of space left at the top, a grande drink may contain closer to 12 ounces of liquid. (Subsequent tests by the Today Show confirmed these findings.)

Starbucks says the lawsuit is without merit, and also says they will gladly remake a customer's drink if the customer is not happy with it. The class action suit has also inspired a copycat lawsuit over the coffee giant's iced drinks.

Starbucks Underfilled Latte Lawsuit - Denial to Dismiss by Eater

Sign up for the Sign up for the Eater newsletter

The freshest news from the food world every day