Starbucks seeks dismissal of suit

Starbucks has asked a Chicago court to dismiss a lawsuit that accuses it of misrepresenting the sizes of its cold drinks, a week after a similar case was tossed in California.

The federal lawsuit in Chicago was first filed in May, but a new plaintiff was named last week. The case alleged that Starbucks essentially under-fills its iced coffees and teas because the stated drink volumes — which range from 8 to 30 ounces — include ice.

A California case was dismissed last week in a strongly worded decision from U.S. District Judge Percy Anderson, who said that “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” by stated drink volumes.