U.S. class action lawsuit alleges Starbucks mislabelled sugar-free drinks

Starbucks is facing a consumer class action lawsuit over claims that its sugar-free protein drinks actually contain significant amounts of sugar.

The federal lawsuit filed late Friday in Seattle alleges that several protein drinks on Starbucks’ menu in the U.S. contain varying amounts of sugar even though the company labels them as not containing any.

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“Starbucks sells eight beverages whose names begin with the words ‘Sugar-Free,’ even though they contain between 13 and 21 grams of sugar per venti-size serving,” the lawsuit states.

“No reasonable consumer would understand a beverage named ‘Sugar-Free’ to contain 13 to 21 grams of sugar per serving,” it continues.

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On Monday, the menu on Starbucks’ U.S. website listed a 16-ounce (0.5-litre) Sugar-Free Caramel Protein Matcha with 16 grams of sugar and a 20-ounce (0.6-litre) version of the same drink with 21 grams of sugar. By comparison, one Reese’s cup contains 11 grams of sugar.

The class action lawsuit was filed by Hagens Berman on behalf of three individuals in California, New York and Washington who all bought Starbucks’ sugar-free protein drinks.

“Consumers avoid sugar for various reasons, whether that be general health, diabetes and blood glucose levels or other factors, and for many, a staunch mislabeling like this is significant,” Steve Berman, a co-founder and managing partner of the Seattle-headquartered firm, told the Associated Press.

The plaintiffs argue that Starbucks’ naming and marketing of the sugar-free drinks is “false, deceptive and unlawful.”

The filing also alleges that Starbucks fails to include an FDA-required disclaimer regarding the drinks’ calorie content.

The FDA requires such disclaimers because consumers believe that a beverage that is marketed as “Sugar-Free” is also likely to have reduced calories, the lawsuit says.

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Starbucks, which was founded and is headquartered in Seattle, said the sugar in its protein drinks is in the protein milk it uses and there is no added sugar in the beverages, including the flavouring syrups.

On the coffee chain’s website Tuesday, the drinks were marketed as “sugar-free,” but the amount of sugar in each beverage was stated.

Its Iced Sugar-Free Vanilla Protein Latte is listed as containing nine grams of sugar and as containing 200 calories.

“We believe these claims have no merit,” a Starbucks spokesperson said Monday.

“Starbucks has consistently and clearly provided information about its protein beverages, sugar-free options, customization choices and nutritional content across product announcements, menus, marketing materials, Starbucks.com and the Starbucks app, and we intend to vigorously defend ourselves in this matter.”

The lawsuit comes weeks after the company announced it was closing 250 locations across North America.

It did not say which locations would close or how many were in Canada, but that some staff would be transferred to operational stores.

In May, Starbucks laid off 300 corporate employees and closed some underused U.S. offices. Last September, it closed 627 stores in North America and Europe and laid off 900 non-retail employees.