Starbucks is now confronting its third lawsuit from Balmuccino, a company accusing the coffee chain of appropriating its concept for coffee-flavored lipstick and lip gloss. The new lawsuit was filed on Friday in federal court in Manhattan.
This lawsuit follows the dismissal of a previous case by a Seattle federal judge in July 2023 due to procedural issues. This dismissal marks the second time such a lawsuit has been thrown out. Starbucks, which is based in Seattle, has not yet issued a response to the new allegations.
According to Balmuccino, it began working on coffee-flavored lip balms in 2016 and presented its concept during a meeting at Starbucks’ New York office in October 2018. At that meeting, Balmuccino provided prototypes and confidential information, with the help of Dr. Mehmet Oz, who had facilitated the meeting by contacting Starbucks CEO Howard Schultz to suggest a potential partnership.
Balmuccino claims that Starbucks infringed on its intellectual property by launching the “S’mores Frappuccino Sip Kit” in April 2019, which included lipsticks and glosses in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam, and Marshmallow Glow. The company alleges that it was not compensated for the use of its concept and is seeking both compensatory and punitive damages.
Balmuccino argues that the lawsuit is timely, referencing New York state laws that allow plaintiffs to extend statutes of limitations if they initially file in the wrong jurisdiction. Balmuccino had previously filed a similar lawsuit in Los Angeles in October 2019.