Starbucks did not succeed in a bid to throw out an consumer lawsuit related to its Refresher drinks. A judge is allowing nine claims to remain, according to a filing.
, claiming the company engaged in "false and deceptive practices." The Refresher drinks it named included Mango Dragonfruit Lemonade, Mango Dragonfruit, Strawberry Acai Lemonade, Strawberry Acai, Pineapple Passionfruit Lemonade and Pineapple Passionfruit, according to the amended complaint.
"Starbucks has marketed the Products with the names of specific fruits, representing to its customers that the Products, which are supposed to be fruit-based beverages, contain those advertised fruits," the plaintiffs argued, alleging the respective drinks do not contain mango, passionfruit or acai.
Allegations of unjust enrichment and common law fraud, meanwhile, will not go forward, according to the order. For the common law fraud claim, the judge gave the plaintiffs an opportunity to amend it within 30 days.
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