Suit Accusing Starbucks of Under-Filling Lattes Can Proceed

FILE - In this July 11, 2013 file photo, a man drinks a Starbucks coffee in New York. Starbucks says it’s hiking prices again starting Tuesday, July 7, 2015, with the increases ranging from 5 to 20 cents for most affected drinks. (AP Photo/Mark Lennihan, File)

SAN FRANCISCO — A federal judge is allowing the bulk of a lawsuit accusing Starbucks of systematically under-filling lattes to move forward.

Two California residents are suing the Seattle-based coffee chain, claiming thatStarbucks lattes are only filled to about 75 percent of the cup’s capacity. The lawsuit says Starbucks instituted a recipe in 2009 to create smaller lattes in order to save money on milk.

A federal judge in San Francisco has thrown out three of the eight claims filed againstStarbucks.

Starbucks spokesman Reggie Borges says in a statement that the company believes the lawsuit is “without merit” and it will be prepared to defend itself in court. He says if a customer is unhappy with their beverage, Starbucks “will gladly remake it.”