Get All Access for $5/mo

Starbucks Faces $5 Million Dollar Lawsuit Alleging Its Fruit Refresher Drinks Don't Contain Any Actual Fruit On Monday, a judge rejected Starbucks' attempt to dismiss nine out of the 11 claims in the proposed class action suit.

By Madeline Garfinkle

Key Takeaways

  • The lawsuit alleges that Starbucks falsely marketed its fruit beverages.
  • A judge rejected Starbucks' motion to dismiss, ruling that a majority of consumers would expect fruit beverages to actually contain the fruits mentioned in its name.

Opinions expressed by Entrepreneur contributors are their own.

A federal judge in the U.S. District of Manhattan ruled on Monday that Starbucks must face a lawsuit that alleges several of its Refresher fruit beverages do not actually contain any fruit, Reuters reported.

Starbucks had sought to dismiss nine out of the 11 claims in the proposed class action suit, but U.S. District Judge John Cronan rejected the company's request, stating that a majority of "reasonable consumers" would expect Starbucks' fruit beverages to actually contain the fruit mentioned in their names.

The lawsuit, filed in August 2022, alleges that Starbucks engaged in "false and deceptive" marketing practices by presenting its Starbucks Refresher Products as fruit-based beverages, but the flavors, such as Mango Dragonfruit and Mango Dragonfruit Lemonade Refreshers, do not contain mango, and similarly, Pineapple Passionfruit and Pineapple Passionfruit Lemonade Refreshers lack passionfruit. Strawberry Acai and Strawberry Acai Lemonade Refreshers do not contain acai, etc.

Related: Burger King Is Being Sued Over Whopper Size, Alleging 'Deceptive' and 'Unfair' Advertising

The plaintiffs argue that they purchased the supposed fruit-based products at a premium price, believing they contained the advertised ingredients and, if they had known about the absence of fruit, they either wouldn't have bought the products or would have paid "significantly less."

In response, Starbucks defended itself by claiming that the product names referred to the drinks' flavors rather than ingredients. The company asserted that its menu boards accurately advertised the flavors and that reasonable consumers would not be confused. Additionally, Starbucks argued that its baristas could have cleared up any confusion if customers had questions.

However, Judge Cronan disagreed with the chain, pointing out that terms like "mango," "passionfruit," and "acaí" are typically understood to represent both flavor and ingredient.

Related: Taco Bell Slammed With Lawsuit Over 'Especially Concerning' Advertisements, Allegedly Deceiving Customers

The lawsuit is seeking $5 million in damages.

Entrepreneur has reached out to Starbucks for comment.

Madeline Garfinkle

News Writer

Madeline Garfinkle is a News Writer at Entrepreneur.com. She is a graduate from Syracuse University, and received an MFA from Columbia University. 

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Editor's Pick

Side Hustle

At 16, She Started a Side Hustle While 'Stuck at Home.' Now It's on Track to Earn Over $3.1 Million This Year.

Evangelina Petrakis, 21, was in high school when she posted on social media for fun — then realized a business opportunity.

Health & Wellness

I'm a CEO, Founder and Father of 2 — Here Are 3 Practices That Help Me Maintain My Sanity.

This is a combination of active practices that I've put together over a decade of my intense entrepreneurial journey.

Business News

Remote Work Enthusiast Kevin O'Leary Does TV Appearance Wearing Suit Jacket, Tie and Pajama Bottoms

"Shark Tank" star Kevin O'Leary looks all business—until you see the wide view.

Business News

Are Apple Smart Glasses in the Works? Apple Is Eyeing Meta's Ran-Ban Success Story, According to a New Report.

Meta has sold more than 700,000 pairs of smart glasses, with demand even ahead of supply at one point.

Money & Finance

The 'Richest' U.S. City Probably Isn't Where You Think It Is

It's not located in New York or California.

Business News

Hybrid Workers Were Put to the Test Against Fully In-Office Employees — Here's Who Came Out On Top

Productivity barely changed whether employees were in the office or not. However, hybrid workers reported better job satisfaction than in-office workers.