On Wednesday, Starbucks patrons filed a class action lawsuit in the Southern District of New York against the corporate coffee titan alleging deceptive marketing practices in connection with the manufacture and sale of its “Sprouted Grain” bagel because, allegedly, it is made primarily with traditional, non-sprouted grains.
According to the complaint, the two named plaintiffs are citizens of New York and California who purchased the in-store product between 2020 until early 2022, with both plaintiffs alleging that they believed that sprouted grain was used as the sole or primary source of grain in the bagel.
The plaintiffs argue that marketing the product as a “Sprouted Grain” bagel is false and deceptive because of its true composition. The belief that sprouted grain was the sole or primary source of grain in the bagel is material, they assert, because sprouted grains are more premium and desirable than traditional grains and because other sprouted grain bread products on the market, including bagels, contain primarily sprouted grain.
As such, the Starbucks patrons allege they paid more for the product than they would have had they known the truth about its make up. The complaint seeks certification of nationwide, California, and New York classes of consumers who purchased the “Sprouted Grain” bagel within the applicable statute of limitations.
The filing states claims for breach of warranty and violations of New York and California consumer protection and false advertising laws. The plaintiffs seek a variety of damages and their attorneys’ fees and costs. They are represented by Custodio & Dubey LLP and Treehouse Law LLP.
