LOS ANGELES (CBSLA.com) — A Los Angeles federal judge has tossed a lawsuit that alleged fraud because Starbucks used too much ice in its cold drinks, court papers show.
Plaintiff Alexander Forouzesh’s proposed class-action complaint argued that Starbucks shorts customers on “drinkable liquid” because although the coffee chain advertises its cold drinks by fluid ounce, the numbers are only accurate when ice is added to a drink.
“As a result of this practice, Starbucks has engaged in the practice of misrepresenting the amount of cold drink a customer will receive,” the suit, filed in Los Angeles federal court, alleged.
In his written ruling Friday, U.S. District Judge Percy Anderson agreed with Starbucks that reasonable members of the public would not be deceived.
“As young children learn, they can increase the amount of beverage they receive if they order no ice,” the judge wrote.
Anderson also noted that cold drinks at Starbucks are served in clear cups, making it easy to see that the drink includes both ice and liquid.
Another lawsuit was filed in Chicago in May by a woman who accuses Starbucks of misleading consumers by adding excessive ice to cold drinks.
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