Starbucks is being sued for $5 million for using too much ice

Starbucks Iced Drinks lawsuit

An Illinois woman is suing Starbucks for $5 million. In her lawsuit Stacy Pincus says the coffee giant is using too much ice in its drinks while overstating the fluid ounces of actual product customers are receiving.

Stacy Pincus filed the class action lawsuit against Starbucks Corp. in Northern Illinois Federal Court Wednesday, according to court documents.

Pincus’ suit says Starbucks uses too much ice in their iced beverages and therefore customers often end up with half of the amount of drink that is listed on Starbucks’ menus in fluid ounces.

The lawsuit claims that Starbucks is adding extra ice on purpose, tricking customers into paying more for product they never receive.

“The word ‘beverage’ is defined as ‘a drinkable liquid.’ Ice is not a ‘beverage’ by definition. Accordingly, Starbucks actually gives the customer much less beverage in the cold drinks they order and pay for,” the lawsuit says.

“Starbucks’ Cold Drinks are underfilled to make more money and higher profits, to the detriment of consumers who are misled by Starbucks’ intentionally misleading advertising practices,” the lawsuit continues.

The lawsuit also claims that Starbucks uses much larger cups to trick customers into believing they are receiving the amount of liquid they have been promised.

Pincus is suing Starbucks for $5 million on behalf of customers who have purchased a cold drink at Starbucks within the past 10 years.

Hart McLaughlin & Eldridge LLC in Chicago is representing Pincus.

Starbucks says “ice is essential component of any ‘iced’ beverage.”

The company said in a statement to NBC News that customers are more than welcome to ask that their drink be remade if they are not satisfied with the final product.