New York, 17 August 2024 (TDI): A business that claimed Starbucks had stolen their idea for coffee-flavored lip gloss and lipstick has filed a third lawsuit against the coffee chain.
Balmuccino filed its complaint in Manhattan federal court on Friday. Among its leaders has been the sister-in-law of TV doctor Mehmet Oz.
The complaint was originally filed in July 2023, but it was dismissed for procedural reasons by a federal judge in Seattle. This was the second time the lawsuit had been dismissed for this reason. Seattle-based Starbucks did not immediately respond to requests for comment.
During a meeting in October 2018 at Starbucks’ New York office, Balmuccino presented prototypes and other proprietary information, stating that it started creating lip balms with a coffee flavor in 2016.
Dr. Oz arranged the meeting, according to the Los Angeles-based company, by reaching out to Starbucks CEO Howard Schultz about a potential collaborative venture.
When Starbucks introduced its “S’mores Frappuccino Sip Kit” in April 2019, according to Balmuccino, the company “stole” his fully established concept for lip balms. Four shades of lipstick and gloss were included in the kits: Marshmallow Glow, Graham Glam, Chocolicious Bliss, and Campfire Spark.
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Balmuccino filed a lawsuit seeking monetary penalties and specific compensation, claiming that Starbucks failed to pay it for selling Sip Kits.
It claimed that because New York permits certain plaintiffs to postpone statutes of limitations when they file a complaint in the incorrect court and, “as here,” a judge determines that the lawsuit is not time-barred, the lawsuit is still viable. In October 2019, Balmuccino filed a first lawsuit against Starbucks in Los Angeles.
The case number for the Southern District of New York U.S. District Court case is 24-06214; it is Balmuccino LLC v. Starbucks Corp.
