Starbucks’ Attempt to Dismiss Refresher Drink Lawsuit Rejected

Starbucks has failed to settle a consumer lawsuit related to its Refresher drinks.

A U.S. district court judge ruled that nine causes of action would remain active and dropped two others facing the coffee chain, according to a legal filing published online by Court Listener.

Starbucks had already filed a motion asking the court to dismiss them all.

The judge’s decision came more than a year after the plaintiff first sued Starbucks and more than 11 months after the complaint was amended, according to Court Listener.

The lawsuit challenged the marketing and naming of six types of Starbucks Refresher drinks, claiming the company engaged in “false and misleading practices.”

The named refreshing drinks included Mango Dragonfruit Lemonade, Mango Acai Lemonade, Strawberry Acai Lemonade, Pineapple Lemonade and Acai Lemonade. passion fruit and pineapple and passion fruit, according to the amended complaint.

“Starbucks marketed the products with the names of specific fruits, indicating to its customers that the products, which purport to be fruit drinks, contain the advertised fruits,” the plaintiffs argued, alleging that the respective drinks do not do not contain mango. passion fruit or acai.

“The allegations contained in the complaint are inaccurate and without merit,” a Starbucks spokesperson told FOX Business. “We look forward to defending ourselves against these allegations.”

In ruling on the motion to dismiss, the judge suggested that the names and marketing of the drinks could potentially lead to a “significant portion” of consumers being “misled.”

Allegations of unjust enrichment and common law fraud, for their part, will not be upheld, according to the order.

For the common law fraud claim, the judge gave the plaintiffs the opportunity to amend it within 30 days.

Starbucks argued that the Refreshers had names that “accurately describe the flavors rather than the ingredients” and that “any potential consumer confusion would be dispelled by the information available from Starbucks baristas,” the judge said in his order .

The plaintiffs had asked the court to certify the case as a class action and award damages, among other relief.

Starbucks has offered Refreshers as a cold drink option at its locations for over a decade. It operates more than 37,200 stores worldwide, according to the company.

The company’s shares fell about 1.5% on Tuesday and 5.5% year to date.