Cyclist Nathan van Hooydonck has been hospitalized after becoming unwell while driving his car and getting involved in a car crash

A woman is suing Starbucks for “false and deceptive practices” over claims that the coffee company’s iced, fruit-filled refresher beverage actually contains no fruit. Joan Kominis from Queens, New York, filed a complaint in August 2022 after learning that Starbucks’ Strawberry Acai Lemonade Refresher contained no actual acai. Court documents filed in the southern district of New York claim that “unbeknownst to consumers, the Mango Dragon Fruit and Mango Dragon Fruit Lemonade Refreshers contain no mango, the Pineapple Passionfruit and Pineapple Passion Fruit Lemonade Refreshers contain no passionfruit, and the Strawberry Açaí and Strawberry Açaí Lemonade Refreshers contain no açaí.” Kominis and her co-plaintiff, Jason McAllister of California, are seeking damages in excess of $5m. Starbucks has since called the allegations “inaccurate” and “without merit”. On Tuesday 19 September, US District Judge John Cronan rejected Starbucks’ request to dismiss nine of the 11 claims in the class-action complaint because “a significant portion of reasonable consumers” would assume that the beverages in question would contain the fruit in their names. The plaintiffs have said the main ingredients in these beverages were water, grape juice concentrate, and sugar. They claim the refreshers “differ from other Starbucks products” in that the product doesn’t contain items in their name. “Starbucks’ hot chocolate contains cocoa, its matcha lattes contain matcha, and its honey mint tea contains honey and mint,” reads the complaint. While they noted that the refresher drinks do in fact contain freeze-dried pieces of strawberries, pineapple and dragon fruit, they claimed that Starbucks “does not affirmatively indicate anywhere which ingredients are and are not in the products.” Starbucks had said that the fruits mentioned in the refreshers titles are meant to “describe the flavours as opposed to the ingredients.” Judge Cronan disagreed, writing in his ruling: “Nothing before the Court indicates that ‘mango,’ ‘passionfruit,’ and ‘açaí’ are terms that typically are understood to represent a flavour without also representing that ingredient.” In Kominis’ original filing, she claimed that she was going to buy a Strawberry Açaí refresher specifically for the açaí benefits. The suit stated that açaí berries and juice “are known to provide benefits to heart health, cognitive function, and contain anti-cancerous properties.” “Had she known that the product did not contain açaí, she would not have purchased it, or would have paid significantly less for it,” the document read. Kominis said that she and other consumers bought these menu items and “paid a premium price” based on Starbucks’ naming of the refreshers, and would either not have purchased them or “paid significantly less for them” had they been aware they were missing one of the named fruits. “The allegations in the complaint are inaccurate and without merit,” a Starbucks spokesperson told Today. “We look forward to defending ourselves against these claims.” One claim of fraud and another for unjust enrichment were dismissed from the suit, but Starbucks will have to face the rest of the allegations. The Independent has contacted a spokesperson for Starbucks for comment. This is the second lawsuit an American food chain has faced in recent weeks. Earlier this month, Burger King was sued over claims that the company misled customers by making its Whopper burger appear larger on the menu than how it appears in reality. Read More Citing sustainability, Starbucks wants to overhaul its iconic cup. Will customers go along? Starbucks cheers ‘good progress’ in plan for 100 new UK shops Ed Sheeran serves up Pumpkin Spice Lattes to surprised Starbucks customers Courgette season is nearly over – here’s three ways to make the most of them Top international cuisines Brits are keen to try Subway enthusiasts stew over launch of first ever 3-inch sandwich

Kenny McLean scored a dramatic 89th-minute winner for Scotland in Norway as the visitors turned their Euro 2024 qualifier on its head with two goals in as many minutes. Scotland were trailing to Erling Haaland’s 61st-minute penalty and had barely posed a threat before Lyndon Dykes capitalised on some hesitancy in the Norwegian defence to nudge the ball home after John McGinn’s attempted through ball had been intercepted. The Group A leaders soon ensured they continued their perfect start to the campaign when Dykes laid McGinn’s pass back to substitute McLean, who curled a low shot just inside the far post. The visitors wore black armbands in memory of Gordon McQueen, who scored his fifth and final international goal in a 4-0 win in the same stadium in 1979 on the previous occasion the teams met in a European Championship qualifier. And they provided a fitting tribute to the 30-times capped centre-back with a sensational comeback victory. Jack Hendry was handed possibly the most difficult task in world football at the moment when he was drafted in to play at the heart of a back three tasked with stopping Haaland. The Club Brugge defender was the only change to the team that beat Spain in March after Grant Hanley dropped out with a serious Achilles injury. The best chance of the first half fell to Norway forward Alexander Sorloth, who sent a free header from eight yards straight at Angus Gunn. Scotland struggled to retain possession in the opening 20 minutes before settling down somewhat. Andy Robertson produced two good runs and crosses but they did not lead to anything and McGinn was closed down quickly after getting a sight of goal following Ryan Christie’s cross. Steve Clarke’s side were employing a flat back five out of possession and trying to keep a high line. The only time Haaland got the ball in a decent position in the first half, Callum McGregor quickly tracked back to make a penalty-box tackle. The striker might have had a far better chance if he had not been hauled down by Hendry while beginning a chase for a ball over the top. Hendry was the last defender but only received a yellow card given the foul was on the halfway line. The Slovenian referee was a lot harsher in handing bookings to McGinn and Kieran Tierney either side of half-time. Ola Solbakken and McGinn saw decent long-range shots saved early in the second half before Hendry got away with some penalty-box grappling with Haaland, although the striker did not appeal unlike some of his team-mates. However, he did not have long to wait for a spot-kick. Ryan Porteous grabbed the striker’s shirt as he looked set to attack Sorloth’s cross and the referee immediately pointed to the spot when Haaland went down. Porteous in return received a yellow card which rules him out of Tuesday’s visit of Georgia. Gunn dived the right way and came close but was beaten by the power of the strike from Haaland, who had only scored once in his previous eight club matches but took his tally for the season for club and country to 59. Scotland soon lost Tierney to injury with Liam Cooper entering the fray and they were making no inroads into Norway’s lead before Clarke made a triple switch in the 79th minute and moved to a back four. McLean, Stuart Armstrong and Billy Gilmour came on. Haaland went off in the 84th minute and Scotland soon stunned the hosts and delighted their travelling fans with their late double whammy. Read More Hayley McQueen pays tribute to father Gordon after his death at 70 Romeo Beckham signs for Premier League club George Saville will never complain about lack of recognition for his hard work Romeo Beckham signs for Premier League club George Saville will never complain about lack of recognition for his hard work David Brooks accepts people will start to doubt Wales following Armenia defeat

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