In
a recent post about the rise in so-called
"slack-fill" litigation, we discussed a California
district court's dismissal of a highly publicized lawsuit in
which the plaintiff claimed that Starbucks' iced beverages
contained too much ice and not enough coffee. The court dismissed
the case after finding that consumers could not have been deceived
since, as the court reasoned, even a child would know that
including ice in a serving cup decreases the amount of beverage
included in the cup. The case was Forouzesh v. Starbucks
Corp., No. CV 16-3830 (Aug. 19, 2016).
Following up on that decision, in a related order last week, Judge Thomas
Durkin of the Northern District of Illinois issued a similar
decision, again dismissing an almost identical putative class
action lawsuit (Galanis v. Starbucks Corp., No. 16 C 4705,
Oct. 14, 2016) alleging that Starbucks misrepresented the amount of
coffee or tea contained in its iced beverages. Judge Durkin's
decision was based on
