A court has dismissed a lawsuit against Starbucks that alleged the coffee giant was underfilling its lattes and mochas to reduce costs, an action the plaintiffs claimed constituted fraud and false advertising.

Oakland, California-based U.S. District Judge Yvonne Gonzalez Rogers rejected plaintiffs’ claim in the nationwide class action lawsuit that Starbucks cheats its customers by using a “fill-to” line on baristas’ pitchers that is too low. Although they conceded that foam was an essential part of a latte or mocha, the plaintiffs also complained that the foam included in those beverages should not count toward the advertised volumes. The court, finding a lack of evidence, dismissed the charges. 

"Accordingly, plaintiffs fail to show that lattes contain less than the promised beverage volume represented on Starbucks' menu boards," Rogers wrote.

Starbucks maintained that its cups hold more than the advertised number of ounces, and that the "fill-to" lines provide guidance to baristas as to how much cold milk, which expands when steamed, to pour into pitchers.

—Source: NYPost.com