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Starbucks faces lawsuit as customers claim refreshers contain no fruit
Starbucks faces lawsuit as customers claim refreshers contain no fruit
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
1970-01-01 08:00
When Pepsi Tried Giving Away $1 Billion With the Help of a Chimp
When Pepsi Tried Giving Away $1 Billion With the Help of a Chimp
The soft drink company teased consumers with a giant contest offer. But could they really pay it out?
1970-01-01 08:00
Who is Lachlan Murdoch’s wife? Son of Rupert Murdoch takes command of his media empire
Who is Lachlan Murdoch’s wife? Son of Rupert Murdoch takes command of his media empire
Sarah Murdoch is also the ambassador of Murdoch Children's Research Institute
1970-01-01 08:00
Can You Spot the Hidden Bat in This Spooky Image?
Can You Spot the Hidden Bat in This Spooky Image?
There's a bat lurking somewhere among the ghosts, black cats, and pumpkins in this Halloween hidden image puzzle.
1970-01-01 08:00
*NSYNC members get nostalgic about their peak boy band days on 'Hot Ones'
*NSYNC members get nostalgic about their peak boy band days on 'Hot Ones'
When 90s boy band *NSYNC were at the height of their fame, their tour bus was followed by a "stampede" of fans on one specific occasion, Justin Timberlake recalled while appearing on Thursday's episode of "Hot Ones" with the group.
1970-01-01 08:00
South Africa: Ninety schoolchildren given 'cannabis muffins'
South Africa: Ninety schoolchildren given 'cannabis muffins'
Teachers called an ambulance after noticing "strange behaviour" from pupils in class.
1970-01-01 08:00
Zelensky says he had ‘very strong dialogue with senators’ after closed-door meeting over Ukraine aid
Zelensky says he had ‘very strong dialogue with senators’ after closed-door meeting over Ukraine aid
Volodymyr Zelensky said he had a “very strong dialogue” with senators after his behind-closed-doors meeting on Capitol Hill on Thursday 21 September. The president of Ukraine made a trip to Washington DC this week to shore up US support for his nation. During his visit, Mr Zelensky met with the entire Senate, but only a select few House leaders attended a meeting on the other side of Capitol Hill. “We spoke about support, about the situation on the battlefield, about our class. I can’t share with you all the details, but I think we had a very strong dialogue with senators,” he told reporters.
1970-01-01 08:00
How unusual is it for the House to fail to pass a rule? A look at the recent history
How unusual is it for the House to fail to pass a rule? A look at the recent history
Since 1995, the House has failed to pass a rule eight times, all during Republican-led House chambers -- until this year.
1970-01-01 08:00
'I found my person': Margaret Qualley is on cloud nine after trying the knot with Jack Antonoff in August
'I found my person': Margaret Qualley is on cloud nine after trying the knot with Jack Antonoff in August
'It’s amazing. It’s the best feeling in the world. I’m so excited and so at ease all at once,' Margaret Qualley
1970-01-01 08:00
NFL picks, score predictions for Week 3: Steelers get rolling, Vikings-Chargers shootout
NFL picks, score predictions for Week 3: Steelers get rolling, Vikings-Chargers shootout
NFL picks and predictions for every game on the Week 3 slate, from Thursday night through the Monday night doubleheader.
1970-01-01 08:00
Urban Meyer slams Michigan, Georgia for scheduling while, of course, praising Ohio State
Urban Meyer slams Michigan, Georgia for scheduling while, of course, praising Ohio State
As college football teams head to October, Urban Meyer has slandered the scheduling for Michigan and Georgia while ignoring Ohio State
1970-01-01 08:00
Prada explores lightness with translucent chiffon for summer 2024
Prada explores lightness with translucent chiffon for summer 2024
Designers Miuccia Prada and Raf Simons achieved an unbearable lightness in a series of translucent chiffon dresses that gently cosseted the form, trailed by wispy strands of chiffon
1970-01-01 08:00
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