A Carlsbad man who claims Starbucks' cups do not hold the amounts listed on the menu is suing the coffee chain in a federal court in California.
Benjamin Robles is one of two plaintiffs alleging Starbucks routinely fills its cups only 75-percent full. A company spokesperson described the lawsuit as "without merit."
Robles has purchased grande lattes in San Diego and Carlsbad, according to court documents, and believes the company is not providing 16 ounces of coffee as described on its menu.
The lawsuit claims Starbucks instructs its baristas to fill cups to “1/4 inch below cup rim.” If the cup is filled that way, the suit claims, it is not possible for the cup to hold the amount indicated.
In fact, the claim is that the “fill to" line on a standardized pitcher used in a Starbucks would give the grande latte customer less than 12 fluid ounces in their drink. In that way, "Starbucks cheats purchasers," the suit says.
A Starbucks spokesperson said the company is aware of the plaintiffs' claims, “which we fully believe to be without merit.”
The company's statement continues, “Hand-prepared beverages increase the likelihood of variations, as disclosed in the nutritional section of our website.”
NBC 7 asked Starbucks for the weight of a grande latte when filled and the company said there are varying beverage volumes depending on customer requests.
“If a customer is unhappy with their beverage preparation then we are happy to remake it to their satisfaction,” the spokesperson added.
Siera Strumlauf of San Francisco is listed as the second plaintiff in the lawsuit.
For now, they are asking the company to stop the alleged skimping within 30 days or compensate its customers.