Iced!

In an unpublished decision, the Ninth Circuit has affirmed the dismissal of a proposed class action brought against Starbucks on the theory that Starbucks tricks buyers of iced beverages by underfilling cups with actual liquid. The Court held that "[t]he statutory claims fail as a matter of law because no reasonable consumer would think (for example) that a 12-ounce "iced" drink, such as iced coffee or iced tea, contains 12 ounces of coffee or tea and no ice."

Moreover, the Court held, "[t]he claim for breach of express warranty fails because the complaint contains no allegation that Defendant promised that the iced drinks in question would contain a specific amount of liquid, as distinct from a total amount of liquid and ice."