Starbucks Faces Third Lawsuit Over Alleged Theft of Coffee-Flavored Lipstick

Starbucks has been sued for the third time by Balmuccino, a company that claims the coffee giant stole its concept for coffee-flavored lipstick and lip gloss. The latest complaint was filed on Friday in Manhattan federal court.

Background of the Lawsuit:

Balmuccino, a Los Angeles-based company whose leadership has included a sister-in-law of TV personality Dr. Mehmet Oz, began developing coffee-flavored lip balms in 2016.

The company claims it pitched its product concept to Starbucks during an October 2018 meeting at the coffee chain’s New York office. Dr. Oz reportedly facilitated this meeting by contacting Starbucks CEO Howard Schultz to propose a possible joint venture.

Allegations Against Starbucks:

According to Balmuccino, Starbucks “stole” the fully developed concept by launching its “S’mores Frappuccino Sip Kit” in April 2019. These kits included lipstick and gloss in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam, and Marshmallow Glow.

Balmuccino alleges that Starbucks did not compensate the company for the concept, leading to the lawsuit seeking unspecified compensatory and punitive damages.

Previous Legal Actions:

This lawsuit follows two earlier filings by Balmuccino, both dismissed on procedural grounds. The most recent dismissal occurred in July 2023 in Seattle federal court. Despite these setbacks, Balmuccino argues that the current lawsuit is timely because New York law allows certain plaintiffs to pause statutes of limitation when they initially sue in the wrong jurisdiction.

The case, Balmuccino LLC v. Starbucks Corp, has been filed in the U.S. District Court for the Southern District of New York under case number 24-06214. Starbucks has not yet commented on the latest legal action.