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The Starbucks Lawsuit: Do You Think They Should Get Sued?

Author Maryann Morgan
16 September 2023, USA, New York: The logo of Starbucks, taken in a cafe in Times Square in Manhattan. Photo: Michael Kappeler/dpa (Photo by Michael Kappeler/picture alliance via Getty Images)

Hey folks, here’s some brewing news about Starbucks that’s making headlines. A federal judge has given the green light for a lawsuit to proceed against Starbucks. Why, you ask? Well, it’s because some of their Refresher fruit drinks might be missing a key ingredient – fruit!

U.S. District Judge John Cronan recently ruled that Starbucks can’t simply brush off this lawsuit. According to  TODAY.com   The judge rejected Starbucks’ request to dismiss most of the claims in a class-action complaint. Why? Because he believes that a reasonable number of customers would assume that these drinks should actually contain the fruits they proudly display in their names.

Starbucks, however, is standing firm, calling these allegations “inaccurate” and “without merit.” The saga began in August 2022 when a complaint was filed in the United States District Court of the Southern District of New York. It alleged that Starbucks used deceptive marketing practices for several of its Refresher drinks.

Now, let’s get into the juicy details. The drinks in question are the Mango Dragonfruit Lemonade Starbucks Refreshers, Mango Dragonfruit Starbucks Refreshers, Strawberry Açaí Lemonade Starbucks Refreshers, Strawberry Açaí Starbucks Refreshers, Pineapple Passionfruit Lemonade Starbucks Refreshers, and Pineapple Passionfruit Starbucks Refreshers. According to the plaintiffs, these drinks are missing the very fruits they’re named after, like mango, passion fruit, and açaí berry.

The plaintiffs, Joan Kominis and Jason McAllister, claim that “reasonable consumers” bought these drinks thinking they contained all the fruits clearly listed in their names. But according to the judge, these drinks mainly consist of water, grape juice concentrate, and sugar. That’s quite a departure from what you’d expect based on the names alone.

Starbucks’ defense? Well, they argue that the fruit names are meant to describe the flavors, not the actual ingredients. But Judge Cronan didn’t buy that argument, saying that unlike the term ‘vanilla,’ ‘mango,’ ‘passionfruit,’ and ‘açaí’ are generally understood to represent both flavor and ingredients.

So, what’s next? Two allegations were dismissed by the judge, but nine others are moving forward to trial. The plaintiffs, represented by lawyer Robert Abiri, are seeking damages exceeding $5 million.

It’ll be interesting to see how this case unfolds, and we’ll be sure to keep you updated on any developments. So, if you’re a Starbucks fan or just curious about this fruity legal battle, stay tuned for more updates.

 

Meet Maryann, who has been chasing magic since the early 90s. Back then, she hosted a love and dedication show at nights on Magic. Talk about romantic vibes! Since then, she traded her evening slot for mornings. When she’s not talking to you on the air, she’s living the glamorous life of a chicken, duck, pigeon, and German Short-Haired Pointer mom. Since Joel can never follow what she says, there is an entire feature called " What are you Talking About" at 9:10. Running is her secret to staying out of trouble – or at least staying ahead of the extra pounds. She has a husband named Matt, and a son named Zack, who she says makes her world a little adventure.

Ranking The 4 Best Hard Seltzers

Since Memorial Day I have been fortunate enough to attend a wedding, beachside barbeques, and neighborhood get-togethers. Though food options varied, I did notice hard seltzers were a common beverage. There were multiple brands, so I decided to rank the ones that I tried.

Bon & Viv Spiked Seltzer can be credited as the first official can to hit the shelves in 2013. Or you can go back to Zima as being a pioneer in this carbonated alcohol space. Nowadays, it seems like every brand has their own variation of spiked seltzer. With limited creativity in terms of flavor options (most people would prefer a simple pineapple flavor to a green apple, cherry, celery mashup any time), now certain beverage companies are swapping out the vodka mix for tequila. Furthermore, funny commercials and vibrant cans allow different marketing angles on seemingly similar drinks.

Speaking of marketing, a thinner can is often associated with containing a lower-calorie drink. A CNN  op-ed speculates that most hard seltzers are displayed in these taller, skinny cans to distinguish themselves in a crowded liquor store.

My Methodology

In creating this ranking of the best hard seltzers, there were certain criteria that I considered to be most important. Taste is a broad category. It was imperative here that the drink was smooth, did not contain a syrupy aftertaste and actually tasked like the flavor it suggests. Then, I looked at the overall “nutrition” facts. Finally, I’d ask myself a question: “Would I drink another one, or would I buy a case of this repeatedly?”

It’s important to note that I disqualified top beer brands. While I applaud their efforts for the attempt at entering the hip space, I have yet to find one where their best product was not actually their beer. Lastly, I am not a big fruit juice person. Nor do I typically like citrus mixed with alcohol. In this case, however, there are four hard seltzers where I find the fruit flavor enjoyable. My top choice here is now a brand that I do keep stocked in my cooler.

  • #4 Truly

    What I liked most about Truly is that they are accessible. Many festivals, concerts and sporting events carry Truly. So there is consistency. They seem to stay in their lane and always deliver on their flavors the distribute at mass-events, as opposed to trying to reinvent their options. There are 100 calories in a Truly and it’s 5% alcohol by volume. Selected flavor: Wild Berry.

     

    View this post on Instagram

     

    A post shared by Truly LA Tasting Room (@trulyla_)

  • #3 Wild Basin

    This is my favorite can of the bunch, but looks aren’t everything. Wild Basin certainly knows who they are visually, as their logo perfectly encapsulates the outdoor and chill vibe of hard seltzer. What holds them back is that they are not always easy to find in New England. Various liquor stores carry them, but not a ton of restaurants do. There are 100 calories in a Truly and it’s 5% alcohol by volume. Selected flavor: Lime Coconut (there’s good reason why this is part of their “paradise” mix pack.

     

    View this post on Instagram

     

    A post shared by Wild Basin (@wildbasinhardseltzer)

  • #2 White Claw

    This is my hard seltzer OG. Fun fact: when I google “White Claw” a sponsored Truly option is the first result to pop up. I love a little friendly seltzer competition. In full disclosure, I am a surfer and White Claw has done a tremendous job inserting their brand into that community. Their tagline of “those who bring the wave,” has worked well. They say they are “inspired by the power, purity and potential of ocean waves,” and so am I. This is a simple explanation that centers around the fact that when I drink a White Claw I always enjoy it. There are 100 calories in a Truly and it’s 5% alcohol by volume. Selected flavor: Black Cherry.

     

    View this post on Instagram

     

    A post shared by White Claw (@whiteclaw)

  • #1 High Noon

    There’s no complicated answer here. It has the best taste, is refreshing, and the brand I select when given the option. I like how you feel like carbonation base as opposed to fruit flavor completely taking over. That’s when I get suspicious of artificial additives. High Noon seems to have mastered the recipe of a natural fruit juice percentage to alcohol. Their new tequila seltzers are consistently enjoyable as well. There’s a slight dip in alcohol volume at 4.5%, but it too has 100 calories. Selected flavor: Watermelon.

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