Starbucks Fruit Drinks Have No Fruit, Lawsuit Alleges

On Monday a federal judge in Manhattan said a case alleging that Seattle-based Starbucks sells fruit drinks without any fruit can move forward.

The ubiquitous chain of cafes sought to dismiss the lawsuit, but judge John Cronan of the Southern District of New York will allow the case to proceed.

"A significant portion of reasonable consumers would expect the drinks to contain the fruit mentioned in their names," Judge Cronan wrote in his decision.

Cronan dismissed a portion of the suit alleging fraud on technical grounds, but said that portions of the suit alleging false and deceptive marketing practices can continue.

A New York woman and a California man are suing the coffee giant, claiming they were misled over the fruit content of several Starbucks drinks.

"Despite their names, and unbeknownst to consumers, the Mango Dragonfruit Refreshers and Mango Dragonfruit Lemonade Refreshers contain no mango," reads a complaint filed last year.

The complaint goes on to allege that other fruit drinks do not contain any of the fruit listed in their titles. Those drinks include Strawberry Acai Refresher, Strawberry Acai Lemonade Refresher, Pineapple Passionfruit Refresher and Pineapple Passionfruit Lemonade Refresher.

Joan Kominis, who lives in Astoria, Queens, and Jason McAllister of Fairfield, Calif., say Starbucks duped them into paying for products for the fruitless drinks through false and deceptive marketing.

"Had plaintiff and other consumers been aware that the products are missing one of the named fruits, they would not have purchased the products or paid significantly less for them," the lawsuit says.

In an emailed statement, a Starbucks spokesperson called the allegations in the suit "inaccurate and without merit."

"We look forward to defending ourselves against these claims," the statement said.

In court filings seeking the dismissal of the case, the company said it makes it clear in its menu boards that the drinks contain fruit flavors, rather than actual fruits.

An attorney representing the plaintiffs did not immediately respond to a request for comment.