Starbucks has been sued for the third time by a company that accused the coffee chain of stealing its concept for coffee-flavored lipstick and lip gloss.
Balmuccino, whose executives include the sister-in-law of TV doctor Mehmet Oz, filed suit in federal court in Manhattan on Friday.
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The filing of the lawsuit followed the dismissal of an earlier version of the lawsuit by a federal judge in Seattle in July 2023 on procedural grounds. It was the second such dismissal.
There was no immediate comment from Seattle-based Starbucks.
Balmuccino said the company began developing coffee-flavored lip balm in 2016 and unveiled it at an October 2018 meeting at Starbucks’ New York office, where it provided prototypes and other confidential information.
The Los Angeles-based company said Dr. Oz brokered the meeting when he contacted Starbucks CEO Howard Schultz to propose a possible joint venture.
Balmuccino said Starbucks “stole” his fully developed lip balm concept by launching its “S’mores Frappuccino Sip Kit” in April 2019.
The sets contained lipstick and gloss in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam and Marshmallow Glow.
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Balmuccino said Starbucks did not compensate him for the sale of the Sip Kits and is seeking unspecified compensatory and punitive damages.
The court said his suit was not too late because New York allows some plaintiffs to stay the statute of limitations if they sue in the wrong forum and a court, “as in this case,” finds it does not have 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.
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