Starbucks has been sued for a third time by a company that accused the coffee chain of stealing its concept for coffee-flavored lipstick and lip gloss. Balmuccino has filed a lawsuit against Starbucks, accusing the coffee giant of stealing its idea for coffee-flavored lipstick and gloss. The Starbucks coffee flavored lipstick lawsuit was filed in Manhattan federal court following two previous dismissals.
(Image Credit: starbucks)
Through the lawsuit Balmuccino seeks compensatory and punitive damages for the alleged theft of trade secrets by Starbucks.
Starbucks coffee-flavored lipstick lawsuit
Balmuccino, whose leaders have included a sister-in-law of TV doctor Mehmet Oz, filed its complaint on Friday in Manhattan federal court.
The filing followed a Seattle federal judge’s July 2023 dismissal of an earlier version of the lawsuit on procedural grounds, the second such dismissal.
Starbucks, based in Seattle, had no immediate comment.
Starbucks sued for theft of trade secret
As per Balmuccino, it began developing coffee-flavored cosmetics especially lip balms in 2016. It then pitched the same at an October 2018 meeting in Starbucks’ New York office, where it provided prototypes and other confidential information.
The Los Angeles-based company said Dr. Oz had brokered the meeting, when he contacted Starbucks Chief Executive Howard Schultz to suggest a possible joint venture.
Starbucks stole concept
Balmuccino said Starbucks “stole” its fully developed concept for lip balms by launching its “S’mores Frappuccino Sip Kit” in April 2019.
The kits included lipstick and gloss in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam and Marshmallow Glow.
Starbucks lipstick lawsuit
Balmuccino said Starbucks did not compensate it for selling Sip Kits, and is seeking unspecified compensatory and punitive damages.
It said its lawsuit is not too late because New York lets some plaintiffs put statutes of limitation on hold when they sue in the wrong forum and, “as here,” a court finds it lacks jurisdiction.
Balmuccino originally sued Starbucks in Los Angeles in October 2019.
The case is Balmuccino LLC v. Starbucks Corp, U.S. District Court, Southern District of New York, No. 24-06214.
