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Judge tosses out lawsuit accusing Starbucks of underfilling cups

(Christopher Furlong/Getty Images)

SAN FRANCISCO  — A judge has tossed out a lawsuit that accused Starbucks of underfilling lattes in order to save money on milk.

U.S. District Judge Yvonne Gonzalez Rogers found a lack of evidence that Starbucks cheats customers by making its cups too small or instructing baristas to skimp on ingredients, according to Reuters.

The judge also rejected a claim that milk foam added to lattes and mochas should not count toward advertised volumes. She said reasonable customers expect foam to take up some volume in the cup.

In 2016, two California residents sued Starbucks claiming their lattes are only filled to about 75 percent of the cup’s capacity. The lawsuit also alleged Starbucks instituted a recipe in 2009 to create smaller lattes in order to save money on milk.