Starbucks has been hit with a third lawsuit by a company accusing the coffee giant of stealing its concept for coffee-flavored lipstick and lip gloss. Balmuccino, a company previously led by a sister-in-law of TV doctor Mehmet Oz, filed the complaint on Friday in Manhattan federal court.
This latest filing comes after a Seattle federal judge dismissed an earlier version of the lawsuit in July 2023 on procedural grounds, marking the second such dismissal. Starbucks, headquartered in Seattle, has yet to comment on the matter.
Balmuccino claims it began developing coffee-flavored lip balms in 2016 and pitched the idea during an October 2018 meeting at Starbucks’ New York office, where it provided prototypes and confidential information. According to the Los Angeles-based company, Dr. Oz facilitated the meeting by reaching out to Starbucks Chief Executive Howard Schultz to propose a potential partnership.
Balmuccino alleges that Starbucks “stole” its fully developed concept for the lip balms by launching the “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. Balmuccino claims it was not compensated for the Sip Kits and is seeking unspecified compensatory and punitive damages.
The company argues that its lawsuit is timely, citing New York laws that allow some plaintiffs to toll statutes of limitations when they initially file in the wrong jurisdiction. Balmuccino originally sued Starbucks in Los Angeles in October 2019.