In an unpublished decision, the Ninth Circuit has affirmed the dismissal of a proposed class action brought against Starbucks on the theory that Starbucks tricks buyers of iced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."
As reported by Law360, this slapdown follows one from the district court, where the judge noted that even young children understand that ice displaces liquid in a cup.
US consumers. Gotta love 'em.