Starbucks is facing a proposed class-action lawsuit accusing the coffee chain of misleading customers by marketing several protein beverages as «sugar-free» when the drinks can contain nearly as much sugar as a candy bar.
The complaint, filed Oct. 2 in federal court in Washington state, targets eight hot and iced Starbucks protein drinks, including the Sugar-Free Vanilla Protein Latte, the Sugar-Free Caramel Protein Latte and protein matcha beverages. According to the lawsuit, venti-sized servings of the drinks contain between 13 and 21 grams of sugar. The plaintiffs argue that «no reasonable consumer» would expect a product labeled «sugar-free» to contain that amount.
The suit was brought by three consumers who purchased the beverages in California, New York and Washington. It asks the court to bar Starbucks from using the «sugar-free» label on products that contain sugar. The plaintiffs also contend they paid a premium for drinks advertised as sugar-free compared with what they would have paid for comparable alternatives.
Starbucks is disputing the allegations. «We believe these claims have no merit,» a company spokesperson said. The spokesperson added that Starbucks has consistently and clearly provided information about its protein beverages, sugar-free options, customization choices and nutritional content across product announcements, menus, marketing materials, its website and its mobile app, and that the company intends to vigorously defend itself.
The company says the sugar in the drinks comes naturally from protein-boosted milk rather than from added sugar, and that sugar-free syrups are used for flavoring.
The case turns on a distinction in food labeling that nutrition experts say is often misunderstood. Nicolette Pace, a New York-based registered dietitian and certified diabetes educator, noted that lactose in milk is a naturally occurring sugar and is not counted as added sugar. She said «sugar-free» and «no added sugar» do not mean the same thing.
Dr. Michael Aziz, an internist at Lenox Hill Hospital in New York City, said «sugar-free» does not necessarily mean a product contains zero sugar. Under Food and Drug Administration regulations, products labeled «sugar-free» generally must contain less than 0.5 gram of sugar per serving. «No added sugar» means no sugars or sugar-containing ingredients were added during processing or preparation, though a product can still contain naturally occurring sugar, as Starbucks says its protein drinks do.
Experts caution that naturally occurring sugars can still affect blood glucose levels, making total carbohydrate content important for people with diabetes to consider.
Danny Karon, an Ohio-based class-action attorney who is not involved in the case, said the plaintiffs will face a high bar. «The challenge will be convincing the court — and then the jury — that consumers relied on Starbucks' alleged misrepresentations when making their purchases,» he said.
Beyond the protein beverages named in the lawsuit, Aziz and Pace warned that other Starbucks specialty drinks can carry significant amounts of sugar. A venti Java Chip Frappuccino can contain nearly 80 grams of sugar, or roughly 20 teaspoons, they said. They also pointed to the Caramel Ribbon Crunch Frappuccino and seasonal offerings such as the Peppermint Mocha and Pumpkin Spice Latte, which, depending on size and customization, can have almost as much sugar.
«That's massive amounts of sugar when we know that a soda has 63 grams of sugar,» Aziz said, referring to standard 20-ounce bottles of popular regular sodas. Pace said size matters at Starbucks, where larger cups and add-ons such as whipped cream and drizzles can quickly increase sugar content.
Pace noted that the American Heart Association recommends limiting added sugar to about 6 teaspoons, or 25 grams, per day for most women and 9 teaspoons, or 36 grams, for men. She stressed that those recommendations apply to added sugar, not to naturally occurring lactose in milk.
For consumers looking to reduce their sugar intake, Pace suggested keeping orders simple and choosing a smaller size. Aziz recommended opting for a simple latte or cappuccino when a treat is desired.