On March 12, the Ninth Circuit affirmed the dismissal of a
proposed class action against Starbucks. The lead plaintiff alleged
that Starbucks' method of preparing its iced beverages deceives
its customers by misrepresenting the amount of liquid a customer
receives when he or she orders an iced drink. The plaintiff brought
claims of breach of express warranty, breach of implied warranty,
negligent misrepresentation, unjust enrichment, fraud, and
violations of California's Consumer Legal Remedies Act, Unfair
Competition Law, and False Advertising Law.
The Ninth Circuit held that the plaintiff's claims failed
because a "reasonable consumer" would not think that
"a 12-ounce 'iced drink'...contains 12 ounces of
coffee or tea and no ice." Moreover, the plaintiff's fraud
claims failed because he did not show that consumers justifiably
relied on Starbucks's representation and "justifiable
reliance" is a required element of fraud. Last, the claim for
breach of express
