A latte (which means “milk” in Italian) is a coffee drink made with milk and often topped with milk foam. According to the Starbucks menu, its Grande lattes contained 16 fl. Oz. 

A group of heated Grande-latte-drinkers sued Starbucks for breach of express warranty, alleging that the coffee company consistently underfilled its lattes by 25 percent. That is, they claimed, the Grande-sized lattes contained only 12 ounces of coffee topped with about an inch of foam, instead of the promised 16 ounces of liquid coffee.

The plaintiffs offered the following evidence: Starbucks provided baristas with pitchers that had “fill to” lines that were too low for the finished product to actually be 16 oz. Additionally, the latte recipe instructed baristas to “leave at least ¼ inch of space below the rim of the serving cup.” But the serving cup’s capacity was exactly 16 oz., which meant that the Grande lattes could not possibly contain the promised amount.

Starbucks filed a motion to dismiss, arguing that the plaintiffs should just relax and get another cup of coffee.

Questions:

1. Did Starbucks breach an express warranty by underfilling its lattes?

2. What is a latte?

3. What was the express warranty plaintiffs claim Starbucks made?

4. What other factors did plaintiffs cite as evidence of underfilling?

5. Why does this breach the express warranty, in their view? 

6. What do plaintiffs contend a reasonable consumer would assume about the advertised 16 oz. Grande?

7. What other complaint do they make about price?