The two plaintiffs, Siera Strumlauf and Benjamin Robles of California filed the lawsuit March 16.
"Starbucks lattes are approximately 25 percent underfilled," the lawsuit said. "The serving cup used for grande beverages holds exactly 16 fluid ounces, when completely full. However, Starbucks’ standardized recipe for its grande latte calls to fill the serving cup up to 'one-quarter inch below cup rim.' Thus, when used in conjunction with its standardized recipes, Starbucks’ serving cups do not permit 12-ounce, 16-ounce, and 20-ounce lattes."
Starbucks argued that a "reasonable consumer" would not have been misled.
Henderson dismissed three counts against the coffee chain and the plaintiffs' request for injunctive relief but allowed five counts to remain.
Starbucks has previously said the lawsuit was "without merit."
"All of our handcrafted beverages are made in accordance with our customers’ preferences," the company said. "If a customer is not satisfied with their beverage preparation, we will gladly remake it. We will be prepared to defend our case in court."
The lawsuit claims Starbucks profits significantly as a result of the false advertising.
"By underfilling its lattes, thereby shortchanging its customers, Starbucks has saved countless millions of dollars in the cost of goods sold and was unjustly enriched by taking payment for more product than it delivers,” court documents said.
In April a Chicago woman sued Starbucks, claiming the company puts too much ice in cold drinks, leaving consumers with just over half the amount they paid for.
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