A federal judge has thrown cold water on a lawsuit that claimed Starbucks defrauded customers by adding ice to its cold beverages.
Judge Percy Anderson tossed out the potential class-action lawsuit because a reasonable customer would know that a portion of iced coffee or tea would include ice and they'd be able to see it through the clear plastic cups the beverages are served in.
In fact, he said, even a child would get it.
'As young children learn, they can increase the amount of beverage they receive if they order "no ice,"' Anderson said in a ruling issued Friday in U.S. District Court.
'If children have figured out that including ice in a cold beverage decreases the amount of liquid they will receive, the court has no difficulty concluding that a reasonable consumer would not be deceived into thinking ... some portion of the drink will be ice rather than whatever liquid beverage the consumer ordered.'
Alexander Forouzesh sued Starbucks Corp. in May for fraud, breach of warranty and false advertising, among other claims.
The Los Angeles man said the chain was cheating customers out of iced coffee and tea by filling cups as much as halfway with ice.
Forouzesh said Wednesday that he plans to appeal and was insulted by the judge's remarks about children.
'Any child can figure out that they're being deceived by Starbucks, as well,' he said.
'It's not right. The whole point is that we're being deceived.'
A Starbucks spokeswoman said the company was pleased with the decision and the judge's remarks.
A similar case is still percolating in Chicago's federal court.
The coffee company is due to file its defense in that case Thursday.
I'm off work today, to get my bike fixed (small problem, they ordered the part), and was about to leave the dealership when I discovered my license plate was missing. A small errand just turned into a new one.
I live about 87 miles away from the dealership, so it was about noon by the time I got to the DMV (small town), and it was closed. There was a sign on the door stating they had closed from 11:00 to 12:30 for a meeting. I sighed and sat down on the bench. A couple of cars came up and I told each of them that they were closed until 12:30 - all is well, they left.
One woman did not. My only description was "little biddy" as she was the most sour pussed creature I had ever seen in our little Texas town. As I did the others, I told her that the office was closed until 12:30.
She went red in the face and yelled at me to open the door.
Wha? I told here they were closed.
She continued the triade, even when I told her that I was not a DMV employee - I needed to get my license plate replaced. She kept at it, and I kinda lost it. I told her I didn't work there and to just shut up. She told me I was rude, got back in her car and left.
I decided to go get a soda, and went to a bakery about two blocks away (hmmm, cookies!), and got back around 12:15. I sat down on the bench, munching on my cookie and reading my tablet.
An older gentleman came up, and when I told him they were closed for a bit, he shrugged and sat down. We chatted a bit - he had new pictures of his great granddaughters, and then a county worker came, and he oohed and awwed over the girls too (both understood the "they'll open at 12:30" spiel without issue).
The little biddy came back and stomped up the stairs and tried the door. It was 12:25... She turned around and just screamed at me that the door was still closed.
I reminded her that I didn't work there.
She started in again and the older gentleman looked at her and said, "What the hell is your problem?" to which she told him that he was rude.
I told her "Two people are rude and you're the common denominator," to which she replied, "Well I never!"
That was my cue - I told her, "Well that's your problem, you need to get laid."
The men lost it, laughing so hard. She shut up and went to the far bench. At 12:40, they opened the doors and she waited outside until everyone was finished (small town, three people behind the counter - no waiting really, as soon as the doors were open).