Starbucks Beats Appeal of Iced Drink-Cheat Suit

March 13, 2018, 8:30 PM

Starbucks Corp. beat back an appeal in a proposed class suit alleging it cheated consumers by systematically underfilling iced drinks.

Plaintiff Alexander Forouzesh’s California consumer law, fraud, and warranty claims were properly thrown out, the U.S. Court of Appeals for the Ninth Circuit said in an unpublished order.

No reasonable consumer would think that, for example, a 12-ounce “iced” drink, such as iced coffee or iced tea, contains 12 ounces of coffee or tea and no ice, the court said.

The breach of warranty claim failed because because the complaint contained no allegation that Starbucks promised the iced drinks at ...

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