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Balmuccino, a Los Angeles-based company, has filed a new lawsuit against Starbucks in Manhattan federal court, accusing the coffee chain of copying its idea for coffee-flavored lipstick and gloss.
The legal action comes after a previous lawsuit was dismissed in July 2023 and marks the third attempt by Balmuccino to seek justice.
Balmuccino Files New Lawsuit Against Starbucks
The current lawsuit, filed on Friday, August 16, claims that Starbucks stole Balmuccino's concept for coffee-flavored lip products, which Balmuccino had first presented to Starbucks during a meeting in New York in October 2018.
According to Balmuccino, the meeting was arranged by Dr. Mehmet Oz, a TV personality, who had proposed a potential collaboration between the two companies.
During the meeting, Balmuccino shared prototypes and detailed information about its coffee-flavored lip balms. However, in April 2019, Starbucks released its own "S'mores Frappuccino Sip Kit," which included lipsticks and glosses in flavors like Campfire Spark, Chocolicious Bliss, Graham Glam, and Marshmallow Glow.
Balmuccino alleges that these products closely resemble their designs and that Starbucks did not provide any compensation for the concept, Reuters reported.
The lawsuit argues that the case is still valid due to New York's legal provisions, which allow plaintiffs to pause the statute of limitations when they have initially filed a case in the wrong jurisdiction or when a court lacks jurisdiction. This legal strategy is being used to counter previous dismissals.
Balmuccino had originally filed a lawsuit against Starbucks in Los Angeles in October 2019. The latest case, involving Balmuccino LLC and Starbucks Corp, is now being heard in the US District Court, Southern District of New York, under case number 24-06214.
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Starbucks' Coffee-Flavored Lip Balms
Starbucks had previously stated that it began developing coffee-flavored lip balms in 2016 and had no knowledge of Balmuccino's prototypes until after the development of its products.
The controversy surrounding this lawsuit has not impacted Starbucks' other recent changes. According to MailOnline, the company recently updated its iced coffee recipe, introducing a new blend of Latin American coffee beans with malted milk chocolate and brown sugar notes.
This update, effective from May 7, 2024, is the first major change to the iced coffee blend since its release in 2006. Additionally, Starbucks has adjusted its iced coffee to be served unsweetened by default, reflecting a shift in customer preferences for less sugar in cold beverages.
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